Harbour Guidance Pty Ltd v JW (figurative)

This matter concerned an application by Harbour Guidance Pty Ltd (the Removal Applicant) to remove the trademark "JW" from the Register of Trade Marks. The application was opposed by JW (figurative) (the Removal Opponent). The dispute centred on whether the Removal Opponent had genuinely used the trademark during the three-year period preceding the filing of the removal application, ending on 23 January 2021.

The primary legal issue before the delegate was whether the Removal Opponent had established use of the "JW" trademark for the relevant goods during the specified period. A secondary issue was whether, even if use was not established, the delegate should exercise discretion to allow the trademark to remain registered.

The delegate considered the evidence provided by the Removal Opponent, including a declaration detailing the use of the trademark on wallets and clothing, sold at markets and through a website, and supported by various exhibits. However, the delegate found the evidence insufficient to establish genuine use of the trademark for the goods during the relevant period. Furthermore, the delegate determined that there were no sufficiently compelling reasons to exercise discretion in favour of the Removal Opponent.

Consequently, the delegate ordered that the "JW" trademark be removed from the Register of Trade Marks. The removal was stayed for at least one month from the date of the decision, with provisions for further deferral if an appeal to the courts was lodged.