Michael John Stafford v Automotive Distributors Limited

This matter concerned an appeal by Michael John Stafford against a decision of the Registrar of Trade Marks. The dispute centred on whether Trade Mark No. 1271222M, registered under the business name "Australian Carburettors and Fuel Injection," had been used during the three-year period preceding 14 May 2012, as required by section 92(4)(b) of the relevant legislation. The court was required to determine if the trade mark could be considered to have been used by its registered owner, or the legal personality behind that owner, during the specified period.

The court's reasoning focused on the registration status of the business name "Australian Carburettors and Fuel Injection." It noted that while the business name was registered on 10 May 1996, it was subsequently cancelled on 4 July 1997. This cancellation occurred well before the relevant three-year period ending on 14 May 2012. Consequently, the court found that there was no registered business name, nor a registered owner of the trade mark, in existence during the period critical for assessing use under section 92(4)(b). The court distinguished this case from previous authorities such as *Crazy Ron’s Communications Pty Ltd v Mobileworld Communications*, which dealt with amendments to trade mark applications, by highlighting that the issue here was not one of amendment but of the existence of a legal personality capable of using the trade mark during the statutory period.

The court concluded that because the business name and, by extension, the registered owner of the trade mark did not exist during the relevant three-year period, the trade mark could not have been used by its registered owner or the legal personality behind it. Therefore, the appeal was dismissed.