Opposition by the Opponent [Beck Hansen] against the application for removal for non-use during the three year period ending 14 May 2011, under s 92(4)(b) of the Trade Marks Act 1995 (Cth) by the Respondent [Brauerei Beck] of the Trade Mark No. 962759 – the word “Beck” – owned by the Opponent in classes 9, 25 and 41 of the International Classification of Goods and registered on 22 July 2003.
The Delegate decided that the Opponent had sufficiently established “genuine commercial use of the mark with respect to the goods and services specified in the registration during the relevant period”. The Opponent pointed to the following materials:
- Release of music album 20 July 2008, along with Australian articles relating to it;
- Live performances by the Opponent during the period 1995 to 2012;
- Media articles and web-site printout referring to the Opponent’s music and entertainment services;
- Playlists from Australian radio stations;
- Sound and video recordings available for purchase in Australia during the relevant period;
- List of television shows broadcast in Australia during the relevant period in which the opponent has appeared, performed music for or written songs for and has been credited as the Opponent;
- Clothing bearing the Trade Mark available for sale at the opponent’s Australian performances during the relevant period; and
- Web-site records showing Australian access to the opponent’s web-site and purchases of clothing, music and accessories from the web-site by Australian residents since May 2008.
In conclusion, the ground for removal under s 92(4)(b) was therefore not established and the trade mark was not removed from the Register.
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