Baroque Japan Ltd v Mad Keen Pty Ltd [2015] ATMO 41 (14 May 2015)

Mad Keen applied to remove Baroque Japan’s trade mark registration for SLY on the grounds of non-use. Baroque Japan opposed the removal of its trade mark registration.

Baroque Japan was established in Japan and sells a wide range of fashion items under the brand SLY, amongst others, in Japan and Taiwan. It allegedly offered SLY branded goods in Australia via magazines, webpage advertisements, catalogues, posters and point-of-sale materials.

The Hearing Officer noted that examples of such use were ‘in short supply’, but there was at least one example of use on an Australian website during the relevant period.

Accordingly, use of the trade mark was established and the opposition to the non-use removal application successful.