The Hearing Officer, John Spence found that the Opponent (HD Lee) had not established its opposition. Therefore, he allowed the two trade mark applications challenged to proceed to grant. Costs were awarded against the Opponent in favour of the Applicant.
The case shows the importance of registering your trade marks and ensuring that the marks on the register are regularly updated to reflect the actual marks used, especially if the mark is presented as a device. If this is done it will be possible to protect your trade mark.
http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/ATMO/2013/49.html?stem=0&synonyms=0&query=ladyrider
The case shows the importance of registering your trade marks and ensuring that the marks on the register are regularly updated to reflect the actual marks used, especially if the mark is presented as a device. If this is done it will be possible to protect your trade mark.
http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/ATMO/2013/49.html?stem=0&synonyms=0&query=ladyrider
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