Opposition by United Workers Union to registration of trade mark application number 2040125 (Classes 16, 25, 35, 36, 41, 45) – VICTORIAN AMBULANCE UNION & device - in the name of Victorian Ambulance Union Incorporated.

This matter concerned an opposition by the United Workers Union (the Opponent) to the registration of the trade mark VICTORIAN AMBULANCE UNION & device (the Trade Mark) in the name of Victorian Ambulance Union Incorporated (the Applicant). The opposition was brought under various sections of the *Trade Marks Act 1995* (Cth), including sections 41, 42(b), 43, 44, and 62A. The hearing officer was Blake Knowles.

The legal issues before the hearing officer were whether the Opponent had established any of the grounds of opposition pressed. Specifically, the Opponent bore the burden of proving, on the balance of probabilities, that the Trade Mark should not be registered based on the grounds relied upon, with rights assessed as at the relevant date.

The hearing officer found that the Opponent had not established any of the grounds of opposition. The Opponent's evidence, including declarations from its National Ambulance Coordinator, detailed its historical representation of ambulance workers in Victoria and its use of phrases such as "Victorian Ambulance Union." However, the Opponent failed to establish that the Trade Mark was deceptively similar to a trade mark with an earlier priority date, thus failing the section 44 ground. No other grounds were successfully established. Consequently, the hearing officer ordered that the Trade Mark proceed to registration, subject to the usual appeal period and any pending appeals. The Opponent was also ordered to pay the Applicant's costs.