Proposed revocation of acceptance of trade mark application number 1924884(25) – Sculpteur – in the name of The Brand Republik Pty Ltd.

This matter concerned a proposed revocation of the acceptance of trade mark application number 1924884(25) for the mark SCULPTEUR, filed by The Brand Republik Pty Ltd. The decision was made by Debrett G. Lyons, a Hearing Officer in the Trade Marks and Designs section.

The primary legal issue before the Hearing Officer was whether, in all the circumstances, it was reasonable to revoke the acceptance of the trade mark application. This required an assessment under section 38(1) of the relevant Act, which permits revocation if an application should not have been accepted.

The Hearing Officer was satisfied that the application should not have been accepted and that revocation of its acceptance was reasonable. Applying section 38(1) of the Act, the Hearing Officer determined that the acceptance should be revoked. Consequently, under section 38(2) of the Act, the application is to be treated as if it had never been accepted and must be returned to examination, with sections 33 and 34 of the Act to apply again. The application was therefore returned to examination.