Frontier Economics Pty Ltd v Frontier Advisors Pty Ltd

Frontier Economics Pty Ltd sought to amend the representation of its registered trade mark, number 842723, which consists of the words "FRONTIER ECONOMICS" in a figurative form. This request was made in the context of opposition proceedings initiated by Frontier Economics Pty Ltd against an application by Frontier Advisors Pty Ltd to remove the aforementioned trade mark from the register under section 92 of the *Trade Marks Act 1995* (Cth). The matter was heard by Timothy Brown, a Hearing Officer and Delegate of the Registrar of Trade Marks.

The central legal issue before the Hearing Officer was whether the proposed amendment to the representation of the trade mark would substantially affect the identity of the trade mark. This determination was crucial for deciding whether the amendment request under section 83 of the *Trade Marks Act 1995* (Cth) should be allowed.

The Hearing Officer reasoned that a comparison of the original trade mark and the proposed amended representation revealed a total impression of resemblance between the two. Based on this assessment, the Hearing Officer was satisfied that the amendment did not substantially alter the identity of the trade mark. Consequently, the request to amend the representation of trade mark 842723 was allowed. The Hearing Officer further directed that if a notice of appeal were served on the Registrar, the disposition of the request should follow any orders or directions made by the Court.