Opposition by Schoolies Week Pty Ltd to registration of trade mark application number 1972975 (class 43) – SCHOOLIES TRIBE - in the name of Youth Travel Pty Ltd

This matter concerned an opposition by Schoolies Week Pty Ltd to the registration of the trade mark application number 1972975, "SCHOOLIES TRIBE", in class 43, filed by Youth Travel Pty Ltd. The opposition was heard by Hearing Officer Jock McDonagh.

The legal issues before the Hearing Officer were whether the applicant's trade mark should be refused registration on the grounds of opposition under sections 42, 44, and 60 of the *Trade Marks Act 1995* (Cth). The opposition was based on the opponent's prior registered trade marks and asserted reputation in the term "schoolies" and "schoolies week". The applicant also sought to introduce further evidence after the prescribed deadlines, which the opponent objected to.

The Hearing Officer determined that the applicant's request to admit further evidence under rule 21.19 of the Regulations was not compelling, as the evidence did not appear crucial to the determination and at best showed descriptive use of "schoolies" not directly related to the services in question. Consequently, the decision was made based on the properly filed evidence. The Hearing Officer found that the opposition was established under section 44 of the Act, based on the opponent's evidence of operating a central booking service for post-high school holidays known as "schoolies" or "schoolies week" for nearly three decades, with the term appearing in the Macquarie Dictionary since 1997.

As the opposition was successful on the ground of section 44, the Hearing Officer did not need to consider the other grounds of opposition. Accordingly, the Hearing Officer refused to register trade mark application number 1972975. The Hearing Officer also awarded costs to the Opponent, as is the general rule when an opposition is successful.