Bunter v Hobarama LLC

This decision concerns a dispute between Hobarama LLC and Bunter regarding the registration of a trade mark. The hearing officer, Terry Williams, was tasked with determining whether the trade mark registration should be maintained or removed from the register.

The central legal issues before the hearing officer were whether the trade mark had been used in Australia in good faith and whether there was a good-faith intention to use the trade mark. The onus was on the owners of the trade mark to demonstrate both of these elements.

The hearing officer found that there was no evidence of the trade mark being used in Australia in the period leading up to 3 May 2003. Consequently, the owners failed to establish either the good-faith use or the good-faith intention required for the trade mark's continued registration. The hearing officer directed that the trade mark be removed from the register, with a provision for deferral in the event of an appeal. The owners were ordered to pay Hobarama's costs.