Trade mark application number 2135123 (Classes 5, 9, 18, 25, 29, 30) – BLUEY- in the name of Ludo Studio Pty Ltd.

This matter concerned trade mark application number 2135123, filed by Ludo Studio Pty Ltd, seeking registration across Classes 5, 9, 18, 25, 29, and 30 for the mark "BLUEY". The dispute arose from objections raised under section 44 of the *Trade Marks Act 1995* (Cth), which relates to the identity or similarity of trade marks. The hearing officer, Blake Knowles, acting as delegate of the Registrar of Trade Marks, was required to determine whether grounds for rejection existed.

The primary legal issue before the hearing officer was whether the proposed trade mark "BLUEY" was too similar to earlier registered trade marks, thereby infringing section 44(1) of the Act. Specifically, the hearing officer had to consider the application of section 44 in relation to goods in Class 5, and whether any exceptions, such as honest concurrent use or other circumstances under sections 44(3) or 44(4), could overcome the objections.

The hearing officer found that grounds for rejection were established under section 44(1) in relation to Class 5 goods, based on the "Bluey Stylised Mark". The applicant had not provided evidence to support acceptance on the grounds of honest concurrent use or other exceptions. However, the applicant indicated a willingness to amend the application by deleting Class 5 to allow the application to proceed for the remaining classes. The hearing officer accepted this proposal, amending the application to remove Class 5. The application was then accepted for registration for the remaining classes, with an endorsement noting that objections based on other conflicting marks were overcome by letters of consent provided by the owners of those earlier marks, pursuant to section 44(3)(b).