KYCU Financial Planning Pty Ltd atf KYCU Financial Planning Trust

KYCU Financial Planning Pty Ltd (the applicant) sought registration of a trade mark. The delegate of the Registrar of Trade Marks considered a request to be heard under s 33(4) of the *Trade Marks Act 1995* (Cth) in relation to a ground for rejection under s 44 of the Act.

The primary legal issue before the delegate was whether the applicant's proposed trade mark was deceptively similar to any earlier registered trade marks, which would constitute a ground for rejection under s 44 of the *Trade Marks Act 1995* (Cth).

The delegate reasoned that the trade mark in question was not deceptively similar to any of the earlier registered trade marks. Applying this finding, the delegate concluded that s 44 did not provide a valid ground for rejecting the applications. Consequently, the delegate was not satisfied that there were grounds for rejection and accepted the applications.