Helen Gould v Hasbro Inc

This matter concerned an application for the removal of a trade mark from the Register of Trade Marks, brought by Hasbro Inc (the Applicant) against Helen Gould (the Opponent). The dispute centred on whether the Opponent had established sufficient use of the trade mark in Australia for the registered goods to justify its continued registration. The decision was made by Nicholas Smith, Hearing Officer, Delegate of the Registrar of Trade Marks.

The primary legal issue before the Hearing Officer was whether the Opponent had demonstrated genuine use of the trade mark in Australia for the registered goods, or had made concrete preparations to use the trade mark, within a relevant period. This was in the context of an application for removal under the *Trade Marks Act 1995* (Cth). The Hearing Officer was required to determine if the continued registration of the trade mark would cause consumer confusion or practically impact the Opponent's interests, and whether to exercise discretion not to remove the mark.

The Hearing Officer found that the Opponent had provided limited evidence of use of the trade mark, particularly in the period 2012-2013. Apart from certificates of donation, there was no evidence of dealings or concrete preparations for future use in Australia for the registered goods. Claims of significant stock and marketing material were also unsupported by documentary evidence. Consequently, the Hearing Officer was unpersuaded that removal would lead to consumer confusion or practically impact the Opponent's interests. Upholding the integrity of the Register, the Hearing Officer determined it was not appropriate to exercise discretion against removal.

Accordingly, the Opponent's opposition to removal was not established. The Hearing Officer directed that the registration be removed from the Register one month from the date of the decision, with a stay of removal pending any appeal. The Applicant was awarded costs against the Opponent.