LILIANA FORZA V JAIMEX NOMINEES PTY LTD [2016] ATMO 5

Liliana Forza opposed the removal of its registration for DREAMZ (shown below) covering underwear in Class 25 on the grounds of non-use. The non-use action was filed by Jaimex Nominees.

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"The opponent led evidence of its use of the trade mark DREAMZ LINGERIE and DREAMZ LINGERIE Logo during the relevant period in relation to the goods covered under the registration. Accordingly, the only consideration for the Hearing Officer was whether the use of those trade marks would be considered use of the registered mark.

"The Hearing Officer found that the use of the plain word trade mark DREAMZ LINGERE was use of the registered trade mark with additions or alterations that did not substantially affect the identity of the mark.

The opposition to the non-use was successful.

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.