TRADE MARKS – where the respondent brought non-use actions before the Registrar of Trade Marks (the Registrar) pursuant to s 92(4)(b) of the Trade Marks Act 1995 (Cth) against various class registrations of a trade mark (the Trade Mark) by the appellant – where the delegate of the Registrar determined that the Trade Mark had not been used in respect of various goods and/or services across the class registrations – where the Registrar ordered the removal of various registrations either wholly or partly – where the appellant appealed in respect of the goods and/or services that had been removed and the respondent cross-appealed in respect of the goods and/or services that had been retained – where the parties subsequently negotiated a settlement and proposed consent orders – where the Registrar did not oppose such orders – importance of maintaining the integrity of the Register of Trade Marks discussed – orders made allowing the appeal and setting aside the Registrar’s decision
Related cases
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Village Roadshow IP PL v VUR Village Trading No 1 Ltd [2025] FCA 428
TRADE MARKS – where the respondent brought non-use actions before the Registrar of Trade Marks (the Registrar) pursuant to s 92(4)(b) of the Trade Marks Act 1995 (Cth) against various class registrations of a trade mark (the Trade Mark) by the appellant – where the delegate of the Registrar determined that the Trade Mark had…
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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 Original…
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2025/2025fca0428
For more information, see the original judgement.
