Trade mark application number 2458096 (class 20) – FLAIR OFFICE FURNITURE & FITOUTS (fig.) - in the names of Adrian Pursell and Goninon Pty Ltd

This decision concerns trade mark application number 2458096 for the figurative mark FLAIR OFFICE FURNITURE & FITOUTS, filed by Adrian Pursell and Goninon Pty Ltd. The application was opposed on the grounds of deceptive similarity to an earlier registered mark, pursuant to section 44 of the *Trade Marks Act 1995* (Cth). The hearing officer, Tracey Berger, was required to determine whether the applied-for trade mark was deceptively similar to an earlier trade mark, thereby constituting a ground for rejection.

The hearing officer considered the provisions of section 44 of the *Trade Marks Act 1995* (Cth), which prohibits the registration of a trade mark if it is identical or deceptively similar to an earlier trade mark. The applicant had not provided any evidence to support claims of honest concurrent use or prior use under sections 44(3) or (4), nor had they drawn attention to any other relevant circumstances that might be considered under section 44(3)(b).

On the balance of probabilities, the hearing officer was satisfied that a ground for rejecting the application existed under section 44. Consequently, under section 33(3) of the Act, trade mark application number 2458096 was rejected. The hearing officer also directed that if a notice of appeal were served on the Registrar within one month of the decision, the disposition of the application would be in accordance with the court's order or direction.