CareerBuilder, LLC v Careerbuilders Pty Ltd

CareerBuilder, LLC (the Opponent) sought the removal of a trade mark registered by Careerbuilders Pty Ltd (the Removal Applicant) from the Register of Trade Marks. The dispute concerned whether the Removal Applicant had standing as a "person aggrieved" to seek removal and whether the Opponent had actually used its trade mark in Australia during the relevant non-use period. The matter was heard by Michael Kirov, acting as a delegate of the Registrar of Trade Marks.

The primary legal issues before the delegate were: firstly, whether the Removal Applicant possessed the requisite standing as a "person aggrieved" under the pre-amendment legislation applicable to the removal application; and secondly, whether the Opponent had demonstrated actual use of its trade mark in Australia during the claimed period of non-use.

The delegate found that the Removal Applicant was a "person aggrieved" because it had provided evidence of its own use of the "CAREERBUILDERS" mark for similar services since its incorporation in May 2004, and it had reasonable concerns about potential legal or practical disadvantage if the Opponent's mark remained on the Register. This satisfied the test established in *Ritz Hotel Ltd v Charles of the Ritz Ltd*. Regarding actual use, the delegate noted that the Opponent's only evidence of use in Australia was through its website, which was maintained on a server in the United States. While the Opponent's evidence mentioned a partnership with "mycareer.com.au" in 2003, no further details were provided, and there was no indication that the trade mark was actually used by or on that website.

The delegate concluded that the Removal Applicant had standing. However, the delegate found that the Opponent had not established actual use of its trade mark in Australia during the relevant period.