Re: Trade mark application number 1946624 (class 35) Optimed in the name of Optimed Technologies Pty Ltd

This matter concerned an application by Optimed Technologies Pty Ltd for the registration of the trade mark OPTIMED in class 35. The hearing officer, Jock McDonagh, was required to determine whether to revoke the registration of the trade mark under section 84A of the *Trade Marks Act 1995* (Cth).

The central legal issue was whether the trade mark should not have been registered, and whether it was reasonable in all the circumstances to revoke its registration. Section 84A(1) of the Act requires both of these conditions to be satisfied before revocation can be ordered.

The hearing officer found that it was reasonable to accept the trade mark for registration. Consequently, he was not satisfied that the trade mark should not have been registered, nor that it was reasonable to revoke the registration. As both conditions stipulated by section 84A(1) were not met, the hearing officer refused to revoke the registration of the trade mark.