Gregory Fendis v Deutsche Telecom AG

This matter concerned an application by Gregory Fendis (the applicant) to register the trade mark "t" logo for goods and services related to online training in forensic applications. Deutsche Telekom AG (the opponent) had opposed the registration. The decision was made by a delegate of the Registrar of Trade Marks.

The primary legal issue before the delegate was whether the applicant had made genuine use of the trade mark in Australia during the relevant period. The opponent did not appear or make submissions, leaving the delegate to consider only the evidence presented by the applicant.

The delegate considered evidence of several instances of use of the trade mark by the applicant and his associated companies between 2001 and 2004. This included the distribution of marketing material, correspondence with potential customers, and the issuance of invoices for sales of goods and services featuring the trade mark. The delegate found that these uses, particularly the distribution of marketing material and correspondence indicating interest from potential purchasers, constituted genuine use of the trade mark in relation to the specified goods and services.

The delegate concluded that the applicant had demonstrated genuine use of the trade mark in Australia. Accordingly, the opposition was dismissed, and the application for registration proceeded.