Trade mark application number 2110501 (class 9) – INX TMX – in the name of INX Software Pty Ltd

This matter concerned trade mark application number 2110501 for the mark INX TMX in class 9, filed by INX Software Pty Ltd. The application was examined by the Registrar of Trade Marks, and the Hearing Officer, Nicholas Barbey, was required to determine whether to accept or reject the application.

The legal issues before the Hearing Officer were whether the application had been made in accordance with the *Trade Marks Act 1995* (Cth) and whether there were any grounds for rejecting it, specifically considering potential objections under sections 44 and 46 of the Act. The Hearing Officer also considered the status of a parent application (application no. 1934939) which had lapsed.

The Hearing Officer reasoned that the goods covered by the current application constituted "some only" of the goods in the lapsed parent application. Pursuant to section 46(2) of the Act, an amendment to exclude these goods from the parent application was not required because the parent application had already lapsed. Consequently, the objection under section 46 no longer presented an obstacle to the acceptance of the current application. The Hearing Officer was satisfied that the current application had been made in accordance with the Act and that no grounds for rejection existed.

Accordingly, the Hearing Officer accepted trade mark application number 2110501.