Cysandra Punch and Bellinda Smith v Danjaq, LLC

This matter concerned an application for removal of a trade mark from the Register due to non-use, brought by Danjaq, LLC (the Applicant) against Cysandra Punch and Bellinda Smith (the Opponents). The decision was made by Debrett Lyons, acting as the Registrar of Trade Marks.

The primary legal issue before the Registrar was whether the Opponents had provided sufficient evidence to rebut the allegation of non-use of their trade mark, registration number 1003280. This involved determining the validity of the evidence submitted by the Opponents and whether it met the requirements of the relevant legislation and regulations.

The Registrar considered the Opponents' statutory declaration dated 20 July 2010. While acknowledging certain formal defects under the Statutory Declarations Act 1959, the Registrar found substantial conformity with the Trade Mark Regulations 1995, allowing the declaration to be considered. However, the Registrar found the evidence of use, particularly Attachment A which was a letter from South Africa, to be critically deficient for the purposes of section 92 of the Act. The Registrar concluded that the Opponents had failed to discharge the onus of rebutting the allegation of non-use.

Consequently, the Applicant's Removal Application was successful. The Registrar directed that trade mark registration 1003280 be removed from the Register in its entirety after one month, subject to any notice of appeal. The Opponents were ordered to pay the Applicant's costs.