Global Creatrix Pty Ltd

The applicant, Global Creatrix Pty Ltd, sought to have the acceptance of its trade mark application revoked. The respondent, the Commissioner of Trade Marks, had accepted the application, but an examiner later raised concerns about its registrability. A senior examiner reviewed the evidence and agreed with the initial examiner's concerns. The applicant then sought a review of the decision to revoke acceptance.

The primary legal issue before the Hearing Officer was whether the examiner's decision to revoke the acceptance of the trade mark application was manifestly wrong. This required the Hearing Officer to consider whether there was a substantial difference of opinion between the examiners regarding the registrability of the trade mark, and whether the existence of an opposition proceeding was a relevant factor in determining whether to revoke acceptance.

The Hearing Officer was not satisfied that the examiner's decision was manifestly wrong, finding only a mere difference of opinion between the examiners. The Hearing Officer also considered the existence of an opposition proceeding to be a relevant factor, noting that such proceedings provide an appropriate forum for testing the registrability of a trade mark. On balance, the Hearing Officer concluded that it was not reasonable to revoke the acceptance of the application.

Accordingly, the Hearing Officer decided not to revoke the acceptance of Global Creatrix Pty Ltd's trade mark application.