Moldflow Corporation v Advanced Moulding Technologies Pty Ltd

Moldflow Corporation (the applicant) sought to register a trade mark, and Advanced Moulding Technologies Pty Ltd (the opponent) opposed this application. The decision was made by Debrett Lyons, a Hearing Officer at Trade Marks Hearings.

The primary legal issue before the Hearing Officer was whether any of the grounds of opposition raised by Advanced Moulding Technologies Pty Ltd had been established, thereby requiring the Registrar to refuse the registration of Moldflow Corporation's trade mark under section 55 of the relevant Act.

The Hearing Officer determined that no grounds of opposition had been established by the opponent. Consequently, the Hearing Officer directed that the trade mark application be registered one month from the date of the decision, unless an appeal was filed, in which case registration would be stayed pending the outcome of the appeal. The Hearing Officer also ordered that the opponent pay the applicant's costs.