Opposition by Diana Todd to application by Balance Tax Pty Ltd to remove trade mark number 1867667 (35) – BALANCE TAX - in the name of Diana Todd

This matter concerned an opposition by Diana Todd to an application by Balance Tax Pty Ltd for the removal of trade mark number 1867667, registered in class 35 under the name of Diana Todd. The application for removal was brought under section 92(4)(a) of the *Trade Marks Act 1995* (Cth). The decision was made by Deputy Registrar Louise Tuohy.

The central legal issue before the Deputy Registrar was whether the trade mark BALANCE TAX had been used in good faith in relation to all the services for which it was registered. Balance Tax Pty Ltd sought to have the mark removed from the register on the grounds of non-use.

The Deputy Registrar found that Diana Todd had established use in good faith in relation to all the services for which the trade mark was registered. Consequently, the application for removal was dismissed. The Deputy Registrar ordered that costs follow the event, awarding costs against the removal applicant, Balance Tax Pty Ltd, as permitted by Schedule 8 of the *Trade Marks Regulations 1995*.