Re: Opposition by Philip Morris Products S.A to registration of trade mark application no. 1756904 advanced heat technology and device in the name of British American Tobacco (Brands Limited)

This matter concerned an opposition by Philip Morris Products S.A. to the registration of the trade mark application no. 1756904, "advanced heat technology and device," in the name of British American Tobacco (Brands) Limited. The opposition was heard by Bianca Irgang, a Hearing Officer.

The primary legal issue before the Hearing Officer was whether the trade mark application should be rejected under section 41 of the *Trade Marks Act 1995* (Cth) because it was not capable of distinguishing the applicant's goods or services from those of other persons. This involved considering whether the trade mark was inherently adapted to distinguish and, if not, whether it had acquired distinctiveness through use.

The Hearing Officer determined that the opponent had not established its ground of opposition. While the specific reasoning for this conclusion is not detailed in the provided text, the decision implies that the trade mark was found to be capable of distinguishing the applicant's goods or services, either inherently or through use, or that the grounds for rejection under section 41 were otherwise not met.

Consequently, the Hearing Officer decided that the trade mark application could proceed to registration one month from the date of the decision, unless an appeal was filed. The opponent was ordered to pay the applicant's costs.