Trade mark application number 2166714 (classes 9, 41) – Q1 - in the name of 1Question Pty Ltd

This matter concerned a trade mark application, number 2166714, filed by 1Question Pty Ltd. The application sought registration in classes 9 and 41. The hearing officer was required to determine whether to revoke the acceptance of the application, pursuant to section 38 of the *Trade Marks Act 1995* (Cth), and whether it was reasonable in all the circumstances to do so.

The hearing officer considered the grounds for rejection under section 44 of the Act. The decision focused on whether the application should have been accepted in the first place, and if not, whether revocation of that acceptance was appropriate. The core of the determination rested on the interpretation and application of section 38, which allows for the revocation of acceptance if it is found that the application should not have been accepted.

The hearing officer concluded that, in all the circumstances, it was reasonable to revoke the acceptance of the trade mark application. Consequently, acceptance of trade mark application number 2166714 was revoked. The application was to be returned to examination, affording the applicant an opportunity to address any grounds for rejection that might be raised.