Fw: Bintex Holdings Pty Ltd v United Bonded Fabrics Pty Ltd

This matter concerned an application by Bintex Holdings Pty Ltd (the applicant) to remove trade mark registration no. 542173 in class 42 from the Register of Trade Marks, held by United Bonded Fabrics Pty Ltd (the opponent), on the grounds of non-use. The application was heard by Ms. Alison Windsor.

The primary legal issue before the court was whether the opponent had made sufficient use of its registered trade mark in relation to the services for which it was registered. Specifically, the court was required to determine the scope of the services in respect of which the trade mark had been used and whether that use justified the continued registration of the mark for all listed services.

The court found that the opponent had only demonstrated use of the trade mark in relation to wholesale services for waddings, including thermally bonded waddings in sheet form made from fibres such as polyester fibres. Consequently, the court directed that the registration be amended to delete all services except those in respect of which use had been proven. The court also made orders regarding costs, awarding them to the applicant as the party with the greatest measure of success, and noted that the costs would be assessed by a taxing officer, taking into account that the two non-use actions proceeded on a single set of evidence and a single hearing.