Trade mark application number 1948343 (5, 32, 35) – BROC SHOT - in the name of Benjamin Silver and opposition to registration by Brocshots Australia Pty Ltd AND Request by Benjamin Silver to amend the owner name...

This matter concerned an opposition to the registration of the trade mark BROC SHOT (application number 1948343) by Brocshots Australia Pty Ltd, with Benjamin Silver as the applicant. Benjamin Silver also sought to amend the owner name for the trade mark application. The decision was made by Bianca Irgang in her capacity as an administrative decision-maker.

The primary legal issues before the decision-maker were whether the opposition to the trade mark registration should be upheld and whether the request to amend the owner name under section 65 of the relevant legislation was permissible.

The decision-maker found that the request to amend the owner name under section 65 was allowable. Consequently, the owner name was amended. As a result of this amendment, the opposition was dismissed.

As this was an administrative decision, the decision-maker directed that each party was to bear its own costs.