JPW Industries Inc v Jewon Lee

This matter concerned an application by JPW Industries Inc (the Applicant) for the partial cessation of protection for its trade mark under regulation 17A.48C of the *Trade Marks Regulations 1995* (Cth). The application sought to remove the trade mark from the Register in relation to certain goods, with Jewon Lee (the Opponent) opposing this removal. The hearing officer, Anne Makrigiorgos, was required to determine whether the Opponent had provided sufficient justification to retain the trade mark's protection for the goods in question.

The central legal issue was whether the Opponent had established grounds to prevent the partial cessation of the trade mark's protection. Specifically, the hearing officer had to consider the evidence of use of the trade mark during the relevant period and, in light of that evidence, decide whether to exercise the Registrar's discretion to allow the trade mark to remain on the Register for the remaining goods.

The hearing officer found that the Opponent had provided sufficient justification to retain the trade mark on the Register for the remaining goods. The evidence demonstrated use of the trade mark during the relevant period on some goods, and the hearing officer exercised her discretion in favour of the Opponent, concluding that the ground for partial cessation under s 92(4)(b) of the *Trade Marks Act 1995* (Cth) had not been established. Consequently, the Opponent was successful in its opposition.

The hearing officer awarded costs against the Applicant in favour of the Opponent, applying the general rule that costs follow the event. The costs were to be calculated in accordance with Schedule 8 of the Regulations.