J Safra IP Holdings SCS v Safran Electronics & Defense

This matter concerned an opposition by J Safra IP Holdings SCS (the Opponent) to the extension of protection of an International Registration Designating Australia (IRDA) filed by Safran Electronics & Defense. The decision was made by Iain Campbell Thompson, a Hearing Officer in the Trade Marks Hearings.

The primary legal issue before the Hearing Officer was whether the grounds on which the IRDA was opposed had been established, pursuant to regulation 4.15A of the Regulations. This determination would dictate whether protection for the IRDA should be refused or extended, in whole or in part, as provided by regulation 17A.34N.

The Hearing Officer found that the Opponent had not established its opposition. Consequently, applying regulation 17A.34N, the Hearing Officer decided to extend protection in respect of all the goods and services listed in the IRDA. The Hearing Officer directed that the International Bureau be notified of this decision, with protection to proceed one month from the date of the decision unless an appeal was filed, in which case protection would be stayed pending the outcome of the appeal. The Hearing Officer also awarded costs against the Opponent at the official scale, pursuant to section 221 of the Trade Marks Act 1995, as the opposition had not been successful.