23 December, 2014
Spruson

Arrow Research Corporation Pty Ltd v Kabushiki Kaisha Tokyo Torihikisho (Tokyo Stock Exchange Inc.) [2014] ATMO 97

Arrow Research Corporation Pty Ltd v Kabushiki Kaisha Tokyo Torihikisho (Tokyo Stock Exchange Inc.) [2014] ATMO 97

Tokyo Stock Exchange applied to restrict Arrow Research’s ARROWNET registration from ‘computer software’ to ‘computer software excluding computer software for trading financial instruments’. Arrow Research opposed the non-use restriction of its registration.

Evidence led by both parties left the Hearing Office in no doubt that whilst Arrow Research had the requisite intention to use its ARROWNET trade mark at the time of filing, this intention never matured into actual goods being offered. It was found, therefore, that despite there being numerous promotions of the ARROWNET trade mark, the lack of goods being genuinely offered under the trade mark meant that no use could have occurred during the relevant period.

The non-use removal action was successful and the ARROWNET registration limited.

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.


KHAJAQUE KORTIAN

Principal / Solicitor / Trade Mark Attorney
Litigation Team, Trade Marks Team
Sydney, Australia

DANIEL WILSON

Associate / Trade Mark Attorney
Trade Marks Team
Sydney, Australia

 

Latest Tweets

Follow @sprusons on twitter.