Haigh Australia Pty Ltd v T-Max Australia Pty Ltd

This decision of Hearing Officer Michael Kirov concerned a dispute between Haigh Australia Pty Ltd (the Applicant) and T-Max Australia Pty Ltd (the Opponent) regarding the registration of two trade marks. The Opponent sought the removal of the Applicant's registered trade marks, a logo mark and a word mark, from the Register.

The central legal issue before the Hearing Officer was whether the Opponent had established grounds for the removal of the Applicant's trade mark registrations. Specifically, the Opponent contended that the registrations should be removed, at least in part, from the Register.

The Hearing Officer found that the Opponent had not made out a sufficient case to warrant the complete removal of the registrations. However, the Hearing Officer determined that a partial removal was appropriate. The Logo Mark (registration 1037077) was directed to be partially removed from Classes 7, 11, 12, and 22, with the registration to remain only for "spare wheel covers" in Class 12. Similarly, the Word Mark (registration 1103086) was directed to be partially removed from Classes 7, 8, and 12, with the registration to remain for "spare wheel covers" and certain other recovery equipment or accessories in Class 12. The Hearing Officer also ordered that each party bear its own costs, acknowledging that both parties had achieved partial success.