Tangerine applied for the non-use removal of Rudducks registration for ‘Vetzplus’. Rudducks opposed the removal of its registration.
The Hearing Officer found that there had been no actual commercial sales made under the ‘Vetzplus’ trade mark. However, there had been preparations undertaken by the owner of the registration in order to do so.
The question then turned on whether the Hearing Officer should apply the Registrar’s discretion to maintain the registration. On this, the Hearing Officer noted that Tangerine had led evidence of its desire to use the same trade mark and its use of the same trade mark previously overseas. Accordingly, the Hearing Officer found that it would not be appropriate to retain an unused registration where there was another trader being prevented from its genuine use.
The ‘Vetzplus’ registration is to be removed.
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.
Litigation Team, Trade Marks Team
Trade Marks Team