Golden Keys Australia Les Clefs D'Or Australia Inc v Angie Cleone

This matter concerned an opposition by Angie Cleone to an application by Society of the Golden Keys Australia Les Clefs D’Or Australia Inc for the removal of trade mark number 1701359, registered in Class 39 and known as "Les Clefs D’or Limousines," from the Register of Trade Marks. The application for removal was brought under section 92 of the *Trade Marks Act 1995* (Cth). The decision was made by Blake Knowles, acting as a delegate of the Registrar of Trade Marks.

The primary legal issue before the delegate was whether the trade mark "Les Clefs D’or Limousines" should be removed from the Register. This required determining whether the Removal Opponent, Angie Cleone, had used the trade mark for the registered services during the relevant period, and if not, whether there were grounds to exercise discretion to allow the trade mark to remain registered. The Removal Applicant relied on section 92(4)(b) of the Act for removal.

The delegate found that the Removal Opponent had not established use of the trade mark for the registered services during the relevant period. Evidence presented, including a business name registration and declarations regarding services offered under "Event Buddies," did not demonstrate sufficient use of the specific trade mark "Les Clefs D’or Limousines" in relation to Class 39 services. Furthermore, the delegate determined that it was not appropriate to exercise discretion to allow the trade mark to remain registered. Consequently, the delegate ordered that the trade mark be removed from the Register. The removal was stayed for at least one month to allow for the possibility of an appeal, and costs were awarded against the Removal Opponent.