Hybrid-Ag Pty Ltd v Scrub Daddy Inc

Hybrid-Ag Pty Ltd sought the removal of the entire registration of the trade mark "SCRUB DADDY" owned by Scrub Daddy Inc. The application was brought under sections 92(4)(a) and (b) of the *Trade Marks Act 1995* (Cth). The dispute concerned whether the trade mark had been used in good faith during the relevant period or if its non-use constituted an obstacle to its use.

The court was required to determine whether the evidence presented by Scrub Daddy Inc. established that the trade mark had been used in good faith during the period of non-use alleged by Hybrid-Ag Pty Ltd. Furthermore, the court had to consider whether any non-use of the trade mark presented an obstacle to its future use.

In reaching its decision, the court found that the evidence did not establish that the trade mark had been used in good faith during the relevant period. Consequently, the court determined that the non-use of the trade mark constituted an obstacle to its use. The court exercised its discretion not to preserve the registration.

The court ordered the removal of the entire registration of the trade mark "SCRUB DADDY".