Opposition by Grocery Industries Australia Pty Ltd to application under section 92 of the Trade Marks Act 1995 (Cth) by Sharmas Kitchen Pty Ltd to remove trade mark number 1508657 (Classes 29 and 30) – Sharma’s...

Grocery Industries Australia Pty Ltd opposed an application by Sharmas Kitchen Pty Ltd to remove trade mark number 1508657 from the Register of Trade Marks, which covered Classes 29 and 30. The matter was heard by Blake Knowles.

The primary legal issue before the court was whether Sharmas Kitchen Pty Ltd had provided sufficient evidence of the use of its trade mark during the relevant period, as required by section 92 of the *Trade Marks Act 1995* (Cth). This section allows for the removal of a trade mark from the Register if it has not been genuinely used.

Blake Knowles determined that the evidence presented by Sharmas Kitchen Pty Ltd was insufficient to demonstrate genuine use of the trade mark. Consequently, the court found that the discretion to allow the trade mark to remain on the Register could not be exercised in favour of Sharmas Kitchen Pty Ltd. The trade mark was ordered to be removed from the Register.