In the matter of a refusal to register trade mark application 1892445 for Moro filed in the name of Conga Foods Pty Ltd

This matter concerned an appeal by Conga Foods Pty Ltd against the refusal to register the trade mark MORO for a range of goods and services, filed as a defensive trade mark application. The application was examined under section 31 of the *Trade Marks Act 1995* (Cth) and initially refused on grounds under section 187. The appeal was heard by Hearing Officer Debrett Lyons.

The central legal issue before the Hearing Officer was whether the use of the trade mark MORO in relation to the goods and services specified in the application would be taken to indicate a connection in the course of trade between those goods and services and Conga Foods Pty Ltd, as required for a defensive trade mark registration under section 185 of the Act. This involved determining the appropriate interpretation of the statutory requirements and the evidence required to establish such a connection, particularly in light of the Trade Marks Office Manual of Practice and Procedure.

The Hearing Officer reasoned that the Trade Marks Office Manual had applied an incorrect interpretation of the *Trade Marks Act 1995*, imposing requirements not found in the legislation, such as the mark being "immediately recognisable" or having a "wide ranging reputation." The Hearing Officer clarified that the Act only requires that, due to the extent of use of the registered trade mark, it is likely that its use in relation to other goods will indicate a connection with the owner. Applying this correct interpretation to the evidence, which included Conga Foods' long history of use and registration of MORO for olive oil and related food products, the Hearing Officer found that a connection could be inferred for certain goods and services within the specification.

Ultimately, the Hearing Officer allowed the application to proceed to registration for a restricted list of goods and services, as detailed in Appendix 2 of the decision, finding that the necessary connection was established for these items. For the remaining goods and services, the Hearing Officer was satisfied that grounds for rejection under section 187(d) existed. Conga Foods Pty Ltd was granted an opportunity to amend the specification to align with the accepted goods and services, and the application was directed to proceed to registration accordingly.