Opposition by Clarendon Lawyers Pty Ltd to registration of trade mark applications 1967329 (35, 36, 41, 45) C (Figurative), 1967330 (35, 36, 41, 45) C CORNWALLS (Figurative), 1967331, (35, 36, 41, 45) C...

This matter concerned an opposition by Clarendon Lawyers Pty Ltd to the registration of four trade mark applications filed by an applicant identified as "C" and "C CORNWALLS" (and related series marks), across classes 35, 36, 41, and 45. The opposition was heard by Nicholas Smith, Hearing Officer and Delegate of the Registrar of Trade Marks.

The legal issues before the Hearing Officer included whether the applicant's actions constituted bad faith under section 62A of the *Trade Marks Act 1995* (Cth), and whether the proposed marks were deceptively similar to the opponent's earlier marks under section 44 of the Act. The opponent also raised grounds under sections 42(b) and 60, which were not established.

The Hearing Officer found that the applicant's decision to seek registration of the "Cornwalls" and "Cornwalls Series Marks" was not made in bad faith. He was satisfied that the development of these marks, including the common "C" device, was an independent rebranding effort by the applicant, without an intention to create an association with the opponent. The Hearing Officer accepted that both parties were successful organisations with independent reputations, and that the applicant was entitled to seek registration and have the issue of similarity resolved by the Registrar, particularly as the applicant considered the inclusion of the respective firm names to distinguish the logos. Consequently, the ground of opposition under section 62A was not established.

Regarding the ground of opposition under section 44, the Hearing Officer found it was partially established for trade mark application numbers 1967329 and 1967331, leading to a refusal of these applications. However, the opponent failed to establish any grounds of opposition for trade mark application numbers 1967330 and 1967332, which were therefore permitted to proceed to registration. As both parties achieved partial success, no order was made as to costs.