Trade Mark application number 1892924 (45) –– in the name of Richard Jean Yared

This matter concerned a request to be heard under section 33 of the *Trade Marks Act 1995* (Cth) in relation to trade mark application number 1892924, filed in the name of Richard Jean Yared. The Registrar had indicated that grounds for rejection existed under section 41(4) of the Act, and the applicant sought to be heard to overcome these grounds. The decision was made by Bianca Irgang.

The primary legal issue before the Registrar was whether the evidence provided by the applicant was sufficient to overcome the grounds for rejection identified under section 41(4) of the *Trade Marks Act 1995*. Section 33 of the Act outlines the Registrar's obligations to accept or reject an application after examination, stipulating that rejection can only occur if the application is not made in accordance with the Act or if grounds for rejection exist under the Act. Crucially, section 33(4) mandates that the Registrar must not reject an application without first giving the applicant an opportunity of being heard.

The Registrar considered the provisions of section 33 of the Act, which requires the Registrar to accept an application unless satisfied that it has not been made in accordance with the Act or that there are grounds for rejection. The Registrar also noted the requirement under section 33(4) to provide the applicant with an opportunity to be heard before any rejection. Despite the opportunity to be heard, the Registrar concluded that the evidence submitted was insufficient to overcome the grounds for rejection under section 41(4).

Consequently, the Registrar rejected trade mark application number 1892924 in its entirety.