ZeroDensity Yazilim Anonim Sirketi v Apple Inc

This matter concerned an opposition by ZeroDensity Yazilim Anonim Sirketi (the Opponent) to the extension of protection in Australia of three trade marks owned by Apple Inc. (the Holder). The Opponent sought to oppose the extension of protection on grounds including ss 44, 58, 60, and 42 of the relevant legislation. The decision was made by Nicole Worth, Hearing Officer and Delegate of the Registrar of Trade Marks.

The legal issues before the court were whether the Opponent had established any of the grounds of opposition it nominated, specifically in relation to ss 44, 58, 60, and 42. The court was required to determine the relevant dates for assessing these grounds, which were identified as the priority dates of the applications for ss 44 and 60, and the filing dates for ss 58 and 42.

The Hearing Officer found that the Opponent had not established any of the grounds of opposition it had nominated. In reaching this conclusion, the Hearing Officer considered the evidence filed by both parties and applied the principles established in relevant case law regarding the determination of relevant dates for assessing trade mark opposition grounds.

Consequently, the Hearing Officer decided to extend protection in Australia of the Holder's trade marks for all goods specified in them. The Hearing Officer also awarded costs against the Opponent in accordance with the relevant regulations, with reduced costs awarded for two of the trade marks. The International Bureau was to be notified of this decision.