Opposition by Acorn Capital Ltd to registration of trade mark application number 1823572 (9) - ACORNS - in the name of Acorns Grow Incorporated

Case

[2021] ATMO 21

18 March 2021


Details
AGLC Case Decision Date
Opposition by Acorn Capital Ltd to registration of trade mark application number 1823572 (9) - ACORNS - in the name of Acorns Grow Incorporated [2021] ATMO 21 [2021] ATMO 21 18 March 2021

CaseChat Overview and Summary

Acorn Capital Ltd opposed the registration of the trade mark application number 1823572, ACORNS, filed by Acorns Grow Incorporated. The decision was made by Katrina Brown.

The primary legal issue before the Registrar was whether the opposition to the registration of the trade mark should be upheld, specifically considering the grounds of opposition raised under the *Trade Marks Act 1995* (Cth).

The Registrar determined that the ground of opposition under section 44 of the *Trade Marks Act 1995* had been established by the Opponent. Consequently, pursuant to section 55 of the Act, the Registrar refused to register the trade mark. The Registrar also ordered that the Applicant pay the Opponent's costs according to the official scale.
Details

Areas of Law

  • Intellectual Property

  • Administrative Law

Legal Concepts

  • Costs

  • Standing

  • Statutory Construction