John and Viki Murray v HUGO Boss Trade Mark Management GmbH & Co. KG

John and Viki Murray (the Opponents) sought the removal of two HUGO BOSS trade marks from the Register of Trade Marks under section 92(4)(b) of the *Trade Marks Act 1995* (Cth) on the grounds of non-use. HUGO BOSS Trade Mark Management GmbH & Co. KG (the Applicant) opposed these applications. The matter was heard by a delegate of the Registrar of Trade Marks.

The primary legal issue before the delegate was whether the Opponents had established use of the trade marks in Australia in good faith during the three-year period ending one month before the filing of the non-use applications, which was 7 August 2022. This period is referred to as the 'Relevant Period' under section 92(4)(b) of the Act.

The delegate considered the evidence filed by the Opponents, including declarations and exhibits, and the written and oral submissions of both parties. The delegate applied section 92(4)(b) of the *Trade Marks Act 1995* (Cth), which requires the registered owner to demonstrate use of the trade mark in Australia in good faith during the specified three-year period. The delegate found that the Opponents had not established use of the trade marks in Australia during the Relevant Period.

As the Opponents failed to establish use of the trade marks in Australia during the Relevant Period, the delegate exercised discretion to remove the trade marks from the Register.