SAF Foods Investments Pty Ltd

SAF Foods Investments Pty Ltd sought to register trade mark application 1279819. The hearing officer, Michael Kirov, was required to determine whether this application should be rejected based on its similarity to a cited trade mark.

The central legal issues were whether the proposed trade mark was deceptively similar to the cited mark under section 44(1) of the relevant Act, and if so, whether section 33(3)(b) of the Act should be applied to reject the application.

The hearing officer found that the trade mark applied for was indeed deceptively similar to the cited mark, satisfying the criteria under section 44(1). Consequently, the hearing officer determined that it was appropriate to apply section 33(3)(b) of the Act.

Accordingly, trade mark application 1279819 was rejected.