WADREF HUMIFIED COMPOST PTY LTD V COLLISON& CO. [2014] ATMO 73

WADREF successfully opposed the non-use removal action filed against its below trade mark.

Click here to view the image.

The Hearing Officer quickly noted that ‘use’ of the trade mark must be use of the entire trade mark and not use of one, or some, of the elements that form the trade mark. This issue was addressed directly by WADREF as it was able to supply images of its use of the exact trade mark shown above in respect of the goods covered under its trade marks. Use had, therefore, been established.

Interestingly, the non-use applicant (Collison& Co) led evidence of the prior use of a similar trade mark by Daly Pty Ltd trading as YLAD Living Soils. The Hearing Officer noted that prior use by YLAD, but also that it had no bearing on the present issue of non-use, which WADREF had rebuffed.

The non-use failed and the registration is to remain on the register.

To view the Office decision, click here.