NAS Communications Pty Ltd v 1300 Directory Pty Ltd

NAS Communications Pty Ltd (the opponent) opposed an application by 1300 Directory Pty Ltd (the applicant) to register a trade mark. The decision was made by Don Nancarrow, a Hearing Officer of the Trade Marks Hearings.

The primary legal issue before the Hearing Officer was whether the opponent had established any of the grounds of opposition relied upon in its Notice of Opposition. Specifically, the Hearing Officer considered the ground under section 60 of the *Trade Marks Act 1995* (Cth).

The Hearing Officer found that the opponent had failed to establish the ground under section 60. Having considered all nominated grounds of opposition and finding none established, the Hearing Officer dismissed the opposition. No directions were given for the progress of the application at that time, as a second opposition action was still pending.