Internet Services Australia 1 Pty Limited

This matter concerned trade mark application number 2081999, filed by Internet Services Australia 1 Pty Limited, seeking registration for the mark "COMMUNE" across classes 14, 18, and 25. The application was before the Hearing Officer, Nicholas Barbey, acting as Delegate of the Registrar of Trade Marks.

The primary legal issue was whether there were grounds for rejecting the trade mark application under section 44 of the relevant Act. Section 33 of the Act outlines the Registrar's obligations to accept or reject an application following examination, requiring rejection if the application has not been made in accordance with the Act or if grounds for rejection exist.

The Hearing Officer was satisfied, on the balance of probabilities, that a ground for rejection existed under section 44 of the Act concerning the goods claimed in class 25. Following notification of this intention to reject the application unless class 25 was deleted, the applicant agreed to remove these claims. Consequently, the goods have been amended, and the trade mark application is now accepted for possible registration.