John Anderson as the Trustee for LPRJ Family Trust & Peter Cunningham as the Trustee for LPRJ Family Trust v Cards Against Humanity, LLC

The parties to this proceeding were John Anderson and Peter Cunningham, acting as trustees for the LPRJ Family Trust (the Applicants), who sought the removal of a trade mark from the Register of Trade Marks. The respondent was Cards Against Humanity, LLC (the Opponent), the registered owner of the trade mark. The dispute concerned whether the Opponent had genuinely used the trade mark in Australia in relation to the goods for which it was registered.

The primary legal issue before the Delegate of the Registrar of Trade Marks was whether the Opponent had established its opposition to the removal of the trade mark from the Register pursuant to section 92(4)(a) of the *Trade Marks Act 1995* (Cth). This section requires proof that the registered owner intended to use the trade mark for the registered goods at the relevant date.

The Delegate found that the Opponent had satisfied the onus of proof. The Delegate was satisfied that, at the relevant date, the Opponent intended to use the trade mark for the registered goods. Consequently, the Delegate decided that the Opponent had established its opposition to the removal of the trade mark in respect of the registered goods and declined to remove the trade mark from the Register.