TRADE MARKS – non-use – where the respondent brought a non-use action before the Registrar of Trade Marks (the Registrar) pursuant to s 92(4)(b) of the Trade Marks Act 1995 (Cth) (the Act) – whether to grant the applicant an extension of time to appeal decision of the Registrar’s delegate under r 34.25 of the Federal Court Rules 2011 (Cth) – where the respondent filed a submitting notice – where the Registrar did not seek to intervene or be heard – onus of the moving party in a non-use application – whether to exercise discretion in s 101(3) of the Act – whether “no self-evident reason” not to reverse delegate’s decision
Related cases – trade mark infringement & revocation
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Thomas v Monsoon Group Pty Ltd [2025] FCA 911
TRADE MARKS – non-use – where the respondent brought a non-use action before the Registrar of Trade Marks (the Registrar) pursuant to s 92(4)(b) of the Trade Marks Act 1995 (Cth) (the Act) – whether to grant the applicant an extension of time to appeal decision of the Registrar’s delegate under r 34.25 of the Federal Court Rules…
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Somers Enterprises Australia PL v Basefun PL [2025] FCA 218
INTELLECTUAL PROPERTY – trade marks – registration – application for removal for non-use – appeal de novo – extent of use in relevant class within Australia – discretion of Court to allow mark to remain on Register of Trade Marks – appeal allowed – Trade Mark retained on Register Related cases about trademark revocation
