Opposition by Little River Band Pty Ltd to an application under section 92 of the Trade Marks Act 1995 (Cth) by Victor Marshall to remove trade mark numbers 502665 (CLASS 41) and 932810 (class 9) – LITTLE RIVER...

In this matter before Jock McDonagh, the Federal Court of Australia considered an opposition by Little River Band Pty Ltd to an application by Victor Marshall to remove two registered trade marks, numbers 502665 (in Class 41) and 932810 (in Class 9), from the Register. The application for removal was brought under section 92 of the *Trade Marks Act 1995* (Cth).

The primary legal issue before the Court was whether Victor Marshall had established grounds for the removal of the trade marks from the Register under section 92(4)(b) of the Act. This section permits removal if the applicant demonstrates that the trade mark has not been used in good faith in Australia for the goods or services in respect of which it is registered.

The Court found that Victor Marshall had demonstrated use of the trade marks in good faith in Australia for the registered goods and services. Consequently, the grounds for removal under section 92(4)(b) were not established.

As Little River Band Pty Ltd was the successful party in this proceeding, the Court ordered that Victor Marshall pay Little River Band Pty Ltd's costs in accordance with Schedule 8 of the Regulations.