DAVID STRYBOSCH V MYLIFE.COM, INC [2015] ATMO 89

Mr Strybosch opposed a non-use removal application filed by Mylife.com in respect of his trade mark registration for MY LIFE which covered various services in Classes 36 and 42. The non-use removal application was only filed in respect of the Class 42 services.

The crux of the matter was whether the services being provided via the website being operated by Mr Strybosch was use of the trade mark MY LIFE in relation to ‘computer services’ or a means of providing the Class 36 ‘financial services’ that were not the subject of the non-use action.

Following review of the evidence, the Hearing Officer noted that the opponent’s ‘primary business activities are in relation to financial services and in particular, financial planning’. That said, the Hearing Officer also noted that the opponent had demonstrated some limited use in relation to Class 42 in respect of ‘providing access to databases and Internet sites for the retrieval and downloading of information relating to financial affairs’.

Accordingly, the Hearing Officer ordered that the opponent’s trade mark registration be limited and the non-use removal action was, therefore, partially successful.

To view the Office decision, click here.