Opposition by Australian Traditional Medicine Society Ltd to registration of trade mark application number 2099988 (classes 35 and 44) - Accredited Nutritionist (composite) - in the name of Dietitians Association...

The Australian Trade Marks Office, represented by Benjamin Goldsworthy, considered an opposition by Australian Traditional Medicine Society Ltd against the registration of the composite trade mark "Accredited Nutritionist" (application number 2099988) in classes 35 and 44, filed by the Dietitians Association. The opposition was based on grounds including sections 41 and 43 of the *Trade Marks Act 1995* (Cth).

The primary legal issue before the Registrar was whether the trade mark application should be refused registration, having regard to the grounds of opposition. Specifically, the Registrar was required to determine if any of the grounds of opposition, including those under sections 41 and 43, had been established.

The Registrar found that the ground of opposition under section 41 of the *Trade Marks Act 1995* had been established. Applying section 55 of the Act, which mandates a decision to refuse or register a trade mark based on the extent to which grounds of opposition are established, the Registrar determined that the application must be refused. The Registrar also ordered that registration should not occur pending any appeal and awarded costs against the applicant.