Muhammad Aslam Khan v Exim Marketing Pty Ltd

Exim Marketing Pty Ltd opposed the registration of trade mark application number 1998093, for the mark "JAN with device" in class 30, by Muhammad Aslam Khan. The decision was made by Katrina Brown, a Hearing Officer in the Trade Marks and Designs division.

The primary legal issue before the Hearing Officer was whether any of the grounds of opposition raised by Exim Marketing Pty Ltd had been established, specifically in relation to section 60 of the *Trade Marks Act 1995* (Cth).

The Hearing Officer found that the ground of opposition under section 60 of the Act had been established by the Opponent. Consequently, pursuant to section 55 of the Act, the Hearing Officer decided to refuse the registration of trade mark number 1998093. The Hearing Officer also awarded costs against the Applicant, Muhammad Aslam Khan, in accordance with the usual principle that costs follow the event, and as set out in Schedule 8 of the *Trade Marks Regulations 1995* (Cth).