Opposition by No Fear International Limited to application by Lorna Jane Pty Ltd to remove trade mark number 660199 (25) - FEARLESS - in the name of No Fear International Limited

The Administrative Appeals Tribunal (AAT) considered an opposition by No Fear International Limited to an application by Lorna Jane Pty Ltd to remove trade mark number 660199, FEARLESS, from the Register. The application for removal was brought under section 92(4)(b) of the *Trade Marks Act 1995* (Cth) on the grounds of non-use.

The primary legal issue before the Tribunal was whether the trade mark had been used in Australia during the relevant period as required by the *Trade Marks Act 1995* (Cth). If non-use was established, the Tribunal also had to consider whether to exercise its discretion to allow the registration to remain on the Register despite the non-use.

The Tribunal found that there had been no use of the trade mark FEARLESS in Australia during the relevant period. Consequently, the Tribunal determined that it would not exercise its discretion to permit the registration to remain on the Register. The Tribunal directed that trade mark registration 660199 be removed from the Register in respect of all goods, one month from the date of the decision, with provisions for a stay in the event of an appeal. The Tribunal also awarded costs against the party opposing the removal.