David Loh v Yonho Food (China) Co., Ltd

The applicant, David Loh, sought the removal of two registered trademarks, numbers 1566488 and 1566088, from the Register of Trade Marks, owned by the respondent, Yonho Food (China) Co., Ltd. The application was brought under section 92 of the *Trade Marks Act 1995* (Cth), alleging non-use of the marks. The matter was heard by Louise Tuohy.

The primary legal issues before the court were whether the registered owner had made genuine use of the trademarks in Australia, and if not, whether the trademarks should be removed from the Register. Specifically, the court had to determine if the evidence presented demonstrated sufficient use of trademark 1566488 and trademark 1566088 to satisfy the requirements of the Act.

The court found that the evidence did not establish any use of trademark 1566488 in Australia. Consequently, it ordered the removal of this mark from the Register. Regarding trademark 1566088, the court determined that there had been partial use. However, the court exercised its discretion and ordered the partial removal of trademark 1566088, reflecting the limited scope of its proven use.