Opposition by Jiaxu Liu to an application under section 92 of the

This decision concerns an opposition by Jiaxu Liu to an application for the removal of a trade mark from the Register, brought under section 92 of the *Trade Marks Act 1995* (Cth). The matter was heard by Nicholas Smith, a Hearing Officer and Delegate of the Registrar of Trade Marks.

The primary legal issue before the Delegate was whether the opponent, Jiaxu Liu, had established grounds for opposition to the removal of the trade mark. Specifically, the Delegate was required to determine if the trade mark had been used in relation to the registered goods and services at the relevant date, as contemplated by section 92(4)(a) of the Act.

The Delegate found that the opponent had successfully demonstrated an intention to use the trade mark for the registered goods and services at the relevant date. Consequently, the Delegate concluded that the opposition was established under section 92(4)(a). The Delegate therefore declined to remove the trade mark from the Register and awarded costs to the opponent.