HealthCert International Pte. Ltd. v Skin Cancer College Australasia Limited

HealthCert International Pte. Ltd. (HealthCert) opposed an application by Skin Cancer College Australasia Limited (SCCAL) to remove HealthCert's registered trade mark, number 1621952, which comprised the words "ACCREDITED SKIN CANCER CLINIC" in a figurative form. The application for removal was brought under section 92 of the *Trade Marks Act 1995* (Cth). The matter was heard by Nicholas Smith J in the Federal Court of Australia.

The primary legal issue before the Court was whether SCCAL had established grounds for the removal of HealthCert's trade mark. Specifically, the Court was required to determine if the trade mark had been registered without sufficient grounds, or if it had not been used in good faith in Australia, or if it had been abandoned. SCCAL contended that HealthCert had not used the trade mark in good faith in Australia and that it had been abandoned.

Nicholas Smith J reasoned that the onus was on SCCAL to prove the grounds for removal. The Court considered the evidence presented regarding the use of the trade mark, including its registration and any subsequent activities by HealthCert. His Honour applied the principles of trade mark law concerning use, non-use, and abandonment, assessing whether SCCAL had discharged its burden of proof. The Court found that SCCAL had not established the necessary grounds for removal under section 92 of the *Trade Marks Act 1995* (Cth).

Consequently, the Court ordered that SCCAL's application for removal of the trade mark be dismissed.