Pact Earth Ltd.

This decision concerns an application by Pact Earth Ltd. for an extension of protection for an International Registration of a Design Application (IRDA). The Registrar, represented by Hearing Officer Tracey Berger, was required to determine whether to accept or reject the IRDA.

The central legal issue before the Hearing Officer was whether the IRDA met the requirements of Division 17A of the relevant regulations and whether any grounds for rejection existed. Specifically, the Hearing Officer had to consider the provisions of regulation 17A.24, which outlines the Registrar's obligations and powers regarding the acceptance or rejection of an IRDA, including the possibility of rejection under section 41 of the Trade Marks Act.

The Hearing Officer found that a ground for rejection existed under section 41 of the Trade Marks Act. Consequently, the Registrar refused the extension of protection for the IRDA in relation to goods in classes 18 and 24. Protection was only extended in relation to class 1 goods. The Hearing Officer also directed that if a notice of appeal was served, protection would not be granted until the appeal was decided or discontinued, and the disposition of the IRDA would be in accordance with any court order.