Limited Edition Surf Hardware Pty Ltd v TackX International Pty Ltd

Limited Edition Surf Hardware Pty Ltd (the applicant) brought proceedings against TackX International Pty Ltd (the respondent) concerning two trade marks. The dispute centred on applications made under section 92 of the *Trade Marks Act 1995* (Cth) to remove the respondent's trade marks from the Register. The applications were heard by Benjamin Goldsworthy.

The court was required to determine whether the respondent had established authorised use of its composite trade mark during the relevant period. Further, it needed to ascertain whether the composite trade mark had been used at all during that period. The court also had to consider whether to exercise its discretion regarding the composite trade mark for certain goods, and whether the word trade mark had been used.

His Honour found that authorised use of the composite trade mark had not been established. Furthermore, the court determined that the composite trade mark had not been used during the relevant period. However, exercising its discretion, the court allowed the composite trade mark to remain registered for some goods. The application concerning the word trade mark was also partially successful.