Australian Tribunals (29 October 2026)

Send us Fan Mail A trade marks day: twenty seven decisions in the Tribunals edition of Thursday 29 October 2026, nineteen of them from the Trade Marks Office, all headnoted. Why a SaaS business could not prove use for software goods; when preparatory steps count as use; bad faith three ways; the words too plain to register; and six oppositions on likeness and reputation. Tribunals Desk: a software brand and a hosted service (lead). Opposition by Longsys Electronics (HK) Co., Limited to registration of trade mark application numbers 2235597 (9, 35, 42) – [2026] ATMO 199 - LEXER v LEXAR: similar goods by full notional scope (s 14(1)); deceptively similar as wholes (s 10); honest concurrent use failed (s 44(3)(a)) because hosted SaaS is not use for class 9 software goods. Opposition upheld for class 9 only; the rest proceeds. JADE A word from JADE (Announcer). Tribunals Desk: use, a herd and the paperwork . Opposition by Edward Troutbeck to application under section 92 of the [2026] ATMO 183 - preparatory steps directed to supply, with an existing intention to trade, are use in good faith without sales. Removal declined. JADE Opposition by Bryan Cortese, Premium Pet Products Pty Ltd and Donna-Marie Cortese to an application under section 92 of the [2026] ATMO 195 - assertions without commercial records; one photograph and an undated price list not enough. Mark removed. JADE Opposition by André Delaite to application under section 92 of the [2026] ATMO 188 - use by the owner's sole director and shareholder is authorised by unity of purpose (s 8); small genuine use suffices. Three goods deleted. JADE Tribunals Desk: bad faith three ways (s 62A). Opposition by A & B Global Mining (Pty) Ltd to application for registration by ABGM Pty. Ltd. of trade mark numbers 2495308 (class 42) – [2026] ATMO 182 - a controlling mind's knowledge of a dissolution agreement bar; dishonesty not required. Registration refused. JADE Opposition by Cirketix LLC to registration of trade mark application number 2530334 (class 11) - WEAQUA - in the name of Yaobo Nong [2026] ATMO 189 - a mere failure to search is not bad faith; s 58 made out for some goods, so the application failed as a whole. Refused. JADE Opposition by Chef's Choice Foods Manufacturer Co. Ltd. to registration of trade mark application number 2333823 (classes 29 & 30) – Chef's Choice & 3 mountains device - in the name of HBC TRADING AUSTRALIA PTY LTD [2026] ATMO 197 - modernising a long-used registered mark raises no inference of bad faith; s 44(3)(b) other circumstances. Opposition rejected. JADE Tribunals Desk: words too plain to own (s 41). Re: Trade mark application number 2483119 (Class 35, 37 and 42) – [2026] ATMO 203 - MOBILETYRESHOP directly descriptive; use mostly with the MTS logo. Rejected. JADE Trade mark application number [2026] ATMO 191 - BRISK INVOICING: acceptance revoked (s 38), returned to examination. JADE Opposition by SONAFI to registration of trade mark application 2502183 (30) – [2026] ATMO 204 - TADKA FOOD ESSENCE: stylisation and a nameplate do not rescue a descriptive mark. Refused. JADE Trade mark application number 2410812 (class 29) – [2026] ATMO 201 - laudatory olive oil