Alexander v Tait-Jamison

In *Alexander v Tait-Jamison*, the applicant sought to expunge a trade mark registration from the Register of Trade Marks on the grounds of non-use. The respondent, the registered proprietor, opposed this application. The matter came before the Federal Court of Australia.

The primary legal issue before the Court was whether the respondent had genuinely commenced or was genuinely continuing the use of the trade mark in Australia in relation to the goods for which it was registered. This involved an assessment of the evidence presented by both parties regarding the extent and nature of the use of the trade mark.

The Court considered the principle that the goods in question must be the same for the purposes of a non-use application. It was noted that a delegate had previously found that an opposition did not succeed where the goods were 'clocks' against 'watches', indicating a need for a close alignment between the registered goods and the goods in respect of which use was claimed. The Court would have had to determine if the evidence of use, if any, met this standard.