Mermaid (Brands) Limited v Yongfeng Trade Co Limited

Mermaid (Brands) Limited opposed the application by Yongfeng Trade Co Limited to remove trade mark number 1746076, registered in the name of HMV (Brands) Limited, from the Register of Trade Marks. The trade mark, depicted as a dog and gramophone, was registered across multiple classes, including 9, 16, 25, 28, 35, 38, 41, 42, 43, and 45. The opposition was heard by Louise Tuohy.

The primary legal issue before the court was whether the trade mark had been genuinely used in Australia in relation to the goods and services for which it was registered. Specifically, the court was required to determine if Yongfeng Trade Co Limited had discharged its onus to prove such use, or if the trade mark should be removed from the Register for non-use.

The court considered the evidence presented by Yongfeng Trade Co Limited regarding the use of the trade mark. It applied the principles of trade mark law concerning the requirement for genuine use and the consequences of failing to demonstrate such use. The court's reasoning focused on assessing the nature and extent of the use claimed by the applicant for registration.

The court found that Yongfeng Trade Co Limited had failed to establish genuine use of the trade mark in Australia for the registered goods and services. Consequently, the court ordered the removal of trade mark number 1746076 from the Register of Trade Marks.