Crumble Pty Ltd v Anecdote Official Pty Ltd

This matter concerned an opposition by Crumble Pty Ltd (the Opponent) to the registration of a trade mark by Anecdote Official Pty Ltd (the Applicant). The dispute arose in relation to trade mark application number 2358548. The Opponent contended that the trade mark should not be registered, relying on grounds specified in the Statement of Grounds and Particulars (SGP). The decision was made by Tracey Berger, Hearing Officer and Delegate of the Registrar of Trade Marks.

The primary legal issue before the court was whether any of the grounds of opposition nominated by the Opponent had been established, thereby requiring the Registrar to refuse the trade mark application. The court was required to consider the evidence filed by both parties in determining the extent to which these grounds were made out.

The Hearing Officer found that the Opponent had failed to establish any of the grounds of opposition. The evidence demonstrated that the Applicant had commenced selling butter wheels in 2010, developed its logo in 2011, and subsequently expanded its brand significantly through retail, food service, airline partnerships, and online sales, including international exports. The Applicant's trade mark was used across a wide range of goods, including dairy products, desserts, spreads, and merchandise, and had been promoted through various advertising campaigns and collaborations. The Hearing Officer applied the principles of trade mark law, considering the evidence of use and promotion of the Applicant's marks in relation to the grounds of opposition.

Consequently, the Hearing Officer directed that trade mark application number 2358548 may proceed to registration not less than one month from the date of the decision, unless an appeal was filed. The Hearing Officer also awarded costs against the Opponent, following the usual principle that costs follow the event.