Jamie Andrew Sutherland v Frank Mazal

Jamie Andrew Sutherland opposed an application by Frank Mazal, brought under section 92 of the *Trade Marks Act 1995* (Cth), for the removal of trade mark number 649924, registered as "ANARCHY (Figurative)", from the Register of Trade Marks. The application for removal was based on grounds of non-use.

The primary legal issue before Nicholas Smith J was whether the trade mark had been used in Australia in relation to the goods for which it was registered. Specifically, the court was required to determine if the evidence presented by Mr. Sutherland established genuine use of the trade mark in the course of trade in Australia.

Nicholas Smith J found that the evidence of use provided by Mr. Sutherland was insufficient to demonstrate genuine use of the trade mark in Australia. The court applied the principles established in trade mark law concerning the requirement for actual and substantial use of a mark in the ordinary course of trade, rather than token or sporadic use. The evidence did not meet this threshold, leading to the conclusion that the trade mark should be removed from the Register.