Opposition by Find Marketing Pty Ltd to application under section 92 of the Act by Find Financial Planners Pty Ltd to remove trade mark registration number 1770718 (36) Find & Device (Series) - in the name of Find...

This matter concerned an opposition by Find Marketing Pty Ltd to an application by Find Financial Planners Pty Ltd to remove trade mark registration number 1770718, a "Find & Device (Series)" mark registered in class 36, from the Register of Trade Marks. The opposition was heard by Iain Campbell Thompson.

The primary legal issue before the court was whether the registered trade mark had been genuinely used in Australia in relation to the services for which it was registered, or if there was a proper reason for non-use, pursuant to section 92 of the *Trade Marks Act 1995* (Cth). The applicant for removal sought to demonstrate non-use, while the registered proprietor sought to demonstrate use or establish a valid reason for non-use.

The court considered evidence of use presented by the registered proprietor, including marketing materials and evidence of services offered. The court applied the principles of genuine use, which requires more than token or sporadic use, and must be directed towards the market for the goods or services. The court also considered whether any non-use was attributable to circumstances that prevented or hindered use, rather than a voluntary decision not to use the mark.

The court found that the registered proprietor had failed to demonstrate genuine use of the trade mark in relation to the services for which it was registered. Consequently, the court ordered the removal of the trade mark from the Register.