DJMed Pty Ltd v Promed Health Pty Ltd

DJMed Pty Ltd opposed the registration of two trade mark applications by Promed Health Pty Ltd: application number 2068962 for the mark UBIO and application number 2104645 for a figurative mark also incorporating UBIO. The applications sought registration across various classes, including classes 3, 5, 10, and 21, for a range of goods. The dispute concerned whether Promed Health Pty Ltd was entitled to registration of these marks. The decision was made by Tracey Berger, Hearing Officer and Delegate of the Registrar of Trade Marks.

The primary legal issue before the Hearing Officer was to determine whether any of the grounds of opposition raised by DJMed Pty Ltd had been established on the balance of probabilities. The onus rested on DJMed Pty Ltd to prove its case, with the rights of the parties assessed as at the Relevant Date. DJMed Pty Ltd submitted evidence asserting its ownership of Australian trade mark registration number 2066167, also for the mark Ubio, registered since 4 February 2020 in class 10 for a variety of medical and orthopaedic goods.

The Hearing Officer found that DJMed Pty Ltd had not established any of the grounds of opposition. Consequently, the applications for trade mark numbers 2068962 and 2104645 were permitted to proceed to registration one month from the date of the decision, subject to any appeal. The Hearing Officer also awarded costs to Promed Health Pty Ltd in respect of trade mark number 2068962 and reduced costs in respect of trade mark number 2104645.