Re: Opposition by Odyssey VR (Virtual Reality) Pty Ltd to registration of trade mark application number 1858496 (11) Samsung Odyssey Notebook and device in the name of Samsung Electronics Co., Ltd

This matter concerned an opposition by Odyssey VR (Virtual Reality) Pty Ltd to the registration of a trade mark application by Samsung Electronics Co., Ltd for "Samsung Odyssey Notebook and device". The opposition was heard by Hearing Officer Debrett Lyons. The core of the dispute revolved around Samsung's application to register the trade mark, which Odyssey VR alleged was filed with no intention to use the mark and in bad faith, and that it was deceptively similar to Odyssey VR's existing registered trade mark.

The legal issues before the Hearing Officer were whether Samsung's trade mark application should be refused registration on the grounds of: (a) deceptive similarity to an existing registered trade mark under section 44 of the *Trade Marks Act 1995* (Cth); (b) lack of intention to use the trade mark at the time of filing under section 59 of the Act; and (c) bad faith in filing the application under section 62A of the Act. The relevant dates for assessing these grounds were 11 February 2017 for the section 44 ground and 13 February 2017 for the sections 59 and 62A grounds.

The Hearing Officer found that Odyssey VR had not established any of the grounds of opposition. While Odyssey VR had communicated with Samsung prior to the application's filing, expressing concerns about potential confusion and highlighting its own registered mark, the Hearing Officer determined that this did not amount to proof of Samsung's lack of intention to use the mark or bad faith. The evidence did not demonstrate that Samsung's actions were dishonest or intended to deceive. Consequently, the Hearing Officer decided that the trade mark application could proceed to registration, and awarded costs to Samsung.