BUSINESS STRATEGIES INTERNATIONAL PTY LIMITED V BRITISH STANDARDS INSTITUTION [2016] ATMO 9

This matter concerned the opposition by Business Strategies to the removal of its registration for BSI filed by British Standards.

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In its evidence, the opponent provided numerous examples of stylised and altered versions of its BSI trade mark during the relevant period. Of these, the Hearing Officer was only satisfied that one amounted to use of the plain word mark (shown above).

Having established that the trade mark had been used during the relevant period, the consideration turned to which of the opponent’s services were covered by this relevant use.

This consideration resulted in the Hearing Officer being satisfied that the opponent had made use of its trade mark in respect of a limited range of services covered under the registration.

Accordingly, the opposition was partially successful and the opponent’s registration is to be the subject of restriction, rather than removal.

To view the Office decision, click here.

This article is an extract from Spruson & Ferguson’s monthly summary of Australian Trade Mark Office decisions. You can view the entire month’s summary here.