This matter concerned the opposition by Shine Beauty to the non-use removal of its trade mark registration SHINE filed by Shine Ltd.
Shine Beauty led evidence of its use of the trade mark SHINE and various other trade marks incorporating the element SHINE in relation to beauty salon services (Class 44). The Hearing Officer noted that these beauty salons have enjoyed significant success and the turnover generated by each was significant.
However, the registration that was the subject of the non-use removal action covered only Class 41. In its arguments, Shine Beauty attempted to rely on the ‘pleasure, leisure, relaxation, fun, enjoyment’(or entertainment services in Class 41) that was experienced by its customers to retain its registration.
There was also some minor evidence of ancillary use of SHINE by Shine Beauty in relation to charitable promotions it had been involved in. Whilst the Hearing Officer commended Shine Beauty for these efforts, it was noted that this was not ‘use of a trade mark’ in the course of trade.
Accordingly, the Hearing Officer decided that the SHINE registration in Class 41 was to be removed from the Register.
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