Opposition by Hatton Holdings (Vic) Pty Ltd as trustee for the Hatton Holdings (Vic) Trust to registration of trade mark application number 1906670 (Classes 29, 30, 35, 41, 43) – ZAATAR w ZEIT with device in the...

Hatton Holdings (Vic) Pty Ltd, as trustee for the Hatton Holdings (Vic) Trust, opposed the registration of the trade mark application ZAATAR w ZEIT with device in Classes 29, 30, 35, 41, and 43. The opposition was heard by Blake Knowles, Hearing Officer, acting as Delegate of the Registrar of Trade Marks. The Opponent sought to prevent the registration of the Applicant's trade mark.

The legal issues before the Hearing Officer were whether the grounds of opposition under sections 42(b), 44, and 60 of the *Trade Marks Act 1995* (Cth) were established. The Opponent bore the burden of proving these grounds on the balance of probabilities, with rights assessed as at the relevant date. The Opponent relied on its registered trade mark (number 1511172) for pizza and restaurants/cafes, and its unregistered use of the name 'Zaatar Middle Eastern Food' and associated marks in connection with its restaurant business.

The Hearing Officer found that none of the grounds of opposition were established. The evidence did not demonstrate that the Opponent had established the necessary grounds under sections 42(b), 44, or 60 of the Act. Consequently, the Hearing Officer decided that the trade mark application should proceed to registration. The Applicant was awarded costs against the Opponent.