TRADE MARKS – appeal from decision of delegate of Registrar of Trade Marks – whether trade mark should be removed from Trade Marks Register for non-use – whether onus of proof discharged in relation to non-use period –whether Court should exercise discretion under s 101 of the Trade Marks Act 1995 (Cth) not to remove trade mark – public interest and risk of confusion – part of appeal allowed with consent of parties – appeal otherwise dismissed
Related cases about trademark infringement
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ETO Group PL v ETO Gruppe Technologies GmbH [2025] FCA 1253
TRADE MARKS – appeal from decision of delegate of the Registrar of Trade Marks in an application for removal of the trade mark the subject of this appeal from the Register of Trade Marks pursuant to subs 92(4)(a) and (b) of the Trade Marks Act 1995 (Cth) – non-use – where respondent filed a submitting notice…
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Progressive Green Pty Ltd v Flo Energy Pty Ltd [2025] FCA 1315
TRADE MARKS – application for removal from Register due to lack of good faith use under s 92(4)(b) of the Trade Marks Act 1995 (Cth) – whether use as a trade mark over the relevant four-day period – whether use in relation to relevant class of goods – whether use in good faith – where…
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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…
