Re: Request by The Australian Council for Educational Research Limited to amend the statement of grounds and particulars in the opposition by The Australian Council for Educational Research Limited to registration..

This matter concerned a request by The Australian Council for Educational Research Limited (the Opponent) to amend its statement of grounds and particulars in its opposition to the registration of trade mark application number 2038480 (ACER (Figurative) in class 9) by Acer Incorporated (the Applicant). The hearing officer was Timothy Brown.

The legal issue before the hearing officer was whether to exercise the discretion under regulation 5.12 of the Regulations to allow the Opponent to amend its statement of grounds and particulars to add section 58A as a ground of opposition.

The hearing officer was satisfied that it was appropriate to grant the Opponent's request. He reasoned that the amendment would allow the opposition to proceed with an additional ground, and directed that the statement of grounds and particulars be amended accordingly. The hearing officer also ordered that a copy of the amended statement be provided to the Applicant and that the opposition proceed in accordance with Part 5 of the Regulations.

In relation to costs, the hearing officer awarded costs against the Applicant, as it was unsuccessful in its objection to the amendment request, pursuant to section 221 of the Act and Schedule 8 of the Regulations.