Della Jones and Steve Jones v La Pinder Pty Ltd

Della Jones and Steve Jones (the applicants) opposed the registration of a trade mark by La Pinder Pty Ltd (the respondent) under section 92(4)(a) of the *Trade Marks Act 1995* (Cth). The applicants sought to have the trade mark removed from the Register. The matter was heard by Tracey Berger.

The central legal issue before the court was whether the respondent had an intention in good faith to use the trade mark. The applicants contended that such an intention was lacking, which would render the trade mark vulnerable to removal from the Register.

The court considered the evidence presented by both parties regarding the respondent's activities and intentions concerning the trade mark. Applying the principles of section 96 of the *Trade Marks Act 1995* (Cth), the court determined that the respondent had demonstrated a genuine intention in good faith to use the trade mark. Consequently, the opposition was dismissed, and the trade mark was ordered to remain on the Register.