Proposed revocation of acceptance of trade mark application number 2074402 (classes 35, 37, 39, 41, 42, 43, 44 and 45) – VALIANT GLOBAL DEFENSE SERVICES and device – in the name of Valiant Integrated Services LLC.

This matter concerned a proposed revocation of the acceptance of trade mark application number 2074402, for the mark VALIANT GLOBAL DEFENSE SERVICES and device, filed by Valiant Integrated Services LLC. The application covered a broad range of services across classes 35, 37, 39, 41, 42, 43, 44, and 45. The decision was made by Nicole Worth.

The primary legal issue before the delegate was whether the acceptance of the trade mark application ought to be revoked pursuant to section 38 of the *Trade Marks Act 1995* (Cth). This involved a consideration of whether the application should not have been accepted in the first place, particularly in light of potential similarities with existing registered trade marks under section 44 of the Act.

The delegate considered the evidence and submissions presented, and concluded that there was insufficient basis to revoke the acceptance of the trade mark application. The delegate found that the grounds for revocation, as contemplated by section 38, were not made out. Consequently, the delegate determined that the application should not have been accepted, and therefore, the acceptance was not revoked.