Trade mark application 2084024 (35,36) - reddebtor (stylized) - filed in the name of Litigation Manage Pty Ltd.

This matter concerned Trade Mark application number 2084024, filed in the name of Litigation Manage Pty Ltd for the stylized mark "reddebtor" in classes 35 and 36. The application had been accepted by the Trade Marks Office, but the Hearing Officer was required to determine whether to revoke that acceptance.

The central legal issue before the Hearing Officer was whether it was reasonable to revoke the earlier acceptance of the trade mark application. This required an assessment of the examiner's original decision under section 44 of the *Trade Marks Act 1995* (Cth) and whether any subsequent considerations warranted a departure from that initial acceptance.

The Hearing Officer found that the examiner's original decision to accept the trade mark was reasonably supported by the accepted tests under section 44 and was not "manifestly wrong." While acknowledging that differences of opinion could arise in the assessment of section 44, the Hearing Officer concluded that such scope for disagreement did not provide a sufficient basis to reasonably revoke the acceptance at that stage. Consequently, the Hearing Officer exercised their discretion not to revoke the acceptance, and the application was not returned to examination.