Aussie Water Coolers Pty Ltd v Lee Bradley

Aussie Water Coolers Pty Ltd opposed an application by Lee Bradley to remove its registered trade mark, AWESOME WATER (number 1517269), from the register under section 92 of the *Trade Marks Act 1995* (Cth). The trade mark was registered in classes 11 and 35. The matter was heard by Katrina Brown.

The primary legal issue before the court was whether the trade mark AWESOME WATER had been used in Australia in a way that was likely to deceive or cause confusion, or whether it had been abandoned. Specifically, the court had to consider if the use of the trade mark by Aussie Water Coolers Pty Ltd, or its predecessors in title, had been such as to lead to a likelihood of deception or confusion among consumers regarding the origin of the goods or services. Additionally, the court considered whether the trade mark had been abandoned due to non-use.

In her reasoning, Katrina Brown considered the evidence presented regarding the use of the AWESOME WATER trade mark. The court applied the principles of trade mark law concerning the likelihood of deception or confusion, which requires an assessment of whether the relevant public would be misled into believing that the goods or services offered under the mark originate from a different source. The court also examined the concept of abandonment, which typically involves a period of non-use coupled with an intention not to resume use. The court's findings on these issues would determine whether the opposition to the removal application succeeded or failed.