Siddique and Zeenat Chowdhury v Taste of India Restuarants Pty Ltd

[1999] ATMO 76

TRADE MARKS ACT 1995
DECISION OF A DELEGATE OF THE REGISTRAR OF
TRADE MARKS, WITH REASONS

Re:Opposition by Siddique and Zeenat Chowdhury to the registration of trade mark application number 620933 in the name of Taste of India Restaurants Pty Ltd.

Finalisation of outstanding matter.
On 28 July 1999, I issued a decision on certain matters affecting this application.  In particular, I found that a ground of opposition had been established under section 58.

However, due to a formatting error, I omitted a critical paragraph from my decision.  That paragraph, the last under the heading "Conclusion", was to have been my ultimate decision of the fate of the application.  Therefore, I have not fully exhausted my responsibilities in deciding this opposition.  I will now rectify this.

I now state that, in terms of s 55 of the Trade Marks Act 1995, I refuse to register the trade mark the subject of this application.

T. E. Williams
Hearing Officer
30 July 1999.