This matter concerned an opposition by Reece to the partial removal of its trade mark registration (shown below). The removal action was filed by Sport Direct and sought the removal of the registration in relation to Classes 18, 25 and 28.
Reece alleged use of its trade mark in relation to goods falling into each of the classes at issue during the relevant period. However, its evidence failed to provide relevant dates and quantities of goods offered and its evidence pointed toward use in the classes at issue only as promotional materials for its main business (bathroom and plumbing goods and services).
The evidence and argument also focused on uniforms worn by staff that bear the trade mark. However, as these items were not available for purchase, they could not be considered the type of commercial use required.
The opposition to the non-use removal action was not successful and is to be removed for all the goods covered within Classes 18, 25 and 28.
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