Opposition by Mohammad Hashim Tajir Surma to registration of trade mark application 1985464 (3) – Hashmi (Figurative) – in the name of Oasis Corporation Australia Pty Ltd

This matter concerned an opposition by Mohammad Hashim Tajir Surma (the Opponent) to the registration of trade mark application 1985464 (Figurative) – Hashmi – by Oasis Corporation Australia Pty Ltd (the Applicant). The opposition was brought before Nicholas Smith, Hearing Officer and Delegate of the Registrar of Trade Marks.

The primary legal issue before the Hearing Officer was whether the Applicant had applied for registration of the trade mark in bad faith, pursuant to section 62A of the *Trade Marks Act 1995* (Cth). The Opponent contended that the Applicant, a former distributor of the Opponent's products, was aware of the Opponent's marks and reputation and had applied for registration with the intention of misappropriating those marks, thereby acting in bad faith.

The Hearing Officer found that the Applicant, having previously distributed the Opponent's Hashmi products, was aware of the Opponent's trade mark. The Applicant sought to register an identical trade mark to that used by the Opponent. In the absence of any plausible explanation for the Applicant's actions, and noting the parallels with previous cases where former distributors sought to register their former principals' trade marks, the Hearing Officer concluded that the Applicant's conduct fell short of acceptable commercial behaviour. Accordingly, the ground of opposition under section 62A was established.

As a result of the established ground of opposition, the Hearing Officer refused to register the trade mark. The refusal was to be recorded one month from the date of the decision, unless a notice of appeal was filed. The Hearing Officer also awarded costs against the Applicant in favour of the Opponent.