Grant Olver Investments Pty Ltd v Pilgrim A/S [Sec=Unclassified]

This matter concerned an opposition by Pilgrim A/S to the registration of a trade mark by Grant Olver Investments Pty Ltd. The dispute centred on Pilgrim A/S's claim to prior use of the word "PILGRIM" as a trade mark in Australia, specifically in relation to jewellery. The decision was made by Hearing Officer Alison Windsor.

The primary legal issue before the Hearing Officer was whether Pilgrim A/S had established grounds for opposing the registration of Grant Olver Investments Pty Ltd's trade mark, particularly concerning the use of the word "PILGRIM" for jewellery. This involved assessing evidence of trade mark use in Australia from as early as 1993.

The Hearing Officer found that Pilgrim A/S had successfully established its ground for opposition under section 58 of the relevant legislation, based on evidence of prior use of the "PILGRIM" trade mark in relation to jewellery. The evidence presented included declarations attesting to the sale and knowledge of jewellery bearing the "PILGRIM" mark from various dates between 1993 and 2002, along with examples of swing tags, receipts, and adhesive tape used in the course of trade.

Consequently, the Hearing Officer ordered that protection for the trade mark be refused in respect of jewellery (class 14). Protection was to be extended for goods in classes 6 and 20, with an endorsement related to acceptance under subsection 44(4) to be removed. Pilgrim A/S was awarded costs against Grant Olver Investments Pty Ltd.