Opposition by Acorn Capital Ltd to registration of trade mark application number 1823572 (9) - ACORNS - in the name of Acorns Grow Incorporated
Case
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[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.
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
Key Legal Topics
Areas of Law
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Intellectual Property
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Administrative Law
Legal Concepts
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Costs
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Standing
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Statutory Construction
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Most Recent Citation
Acorn Capital Ltd v Acorns Grow Incorporated [2023] ATMO 74
Cases Cited
4
Statutory Material Cited
0
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