Metro-Goldwyn-Mayer Studios Inc v Andrea Margaret Higgs

Metro-Goldwyn-Mayer Studios Inc (the opponent) opposed the registration of the trade mark ‘twentysomething’ by Andrea Margaret Higgs (the applicant). The opposition was heard by Debrett Lyons, a Hearing Officer of the Trade Marks Hearings. The opponent relied on two grounds of opposition under the *Trade Marks Act 1995* (Cth): sections 43 and 60.

The primary legal issue before the Hearing Officer was whether the opponent had established a reputation in Australia for its unregistered trade mark ‘thirtysomething’ such that the use of the applicant’s proposed mark ‘twentysomething’ would be likely to deceive or cause confusion, as required by section 60 of the Act. The Hearing Officer also considered section 43, though the reasoning for this ground is not detailed in the provided text.

The Hearing Officer considered the evidence regarding the opponent's use of ‘thirtysomething’. The trade mark was used as the name of a television series that aired in Australia between 1987 and 2002, generating significant license fees. However, the opponent had not engaged in any merchandising activities in Australia under this name. The Hearing Officer found that the use of ‘thirtysomething’ in Australia was solely as the title of a television series and not as a trade mark in connection with goods or services. Consequently, the Hearing Officer determined that the section 60 ground of opposition failed. The section 43 ground was also found to fail.

The Hearing Officer decided that the grounds of opposition failed and directed that the application for registration of the trade mark ‘twentysomething’ be registered, subject to payment of the sealing fee and any further orders of the Court in the event of an appeal. The opponent’s request for costs was refused, and the applicant was awarded costs, to be assessed if claimed.