Fast Future Brands Pty Ltd v Vida Glow Hold Co Pty Limited

Fast Future Brands Pty Ltd (the opponent) opposed the registration of three trade marks owned by Vida Glow Hold Co Pty Limited (the applicant) for goods including cosmetics, skincare, and dietary supplements. The opponent also sought the partial removal of these trade marks from the Register under sections 92(4)(a) and (b) of the *Trade Marks Act 1995* (Cth) on the grounds of non-use. The matter came before the Federal Court of Australia.

The primary legal issues before the Court were whether the opponent had established grounds for opposition to the registration of the trade marks, and whether the trade marks should be partially removed from the Register due to non-use in relation to certain goods. Specifically, the Court had to determine if the opponent's evidence demonstrated that the trade marks had not been used for the specified goods during the relevant period, and if there was any obstacle to their use.

The Court found that the opponent's evidence did not sufficiently demonstrate that the trade marks had not been used for all the goods for which they were registered during the relevant period. However, the Court was satisfied that for certain goods, namely "cosmetic preparations for skin care" and "dietary supplements for skin care," the opponent had failed to establish use. Consequently, the Court determined that it was not appropriate to exercise the Registrar's discretion to allow the trade marks to remain registered for those specific goods. The Court ordered the removal of the trade marks from the Register in respect of "cosmetic preparations for skin care" and "dietary supplements for skin care."