Opposition by Planet Plumbing SW Works Pty Ltd to applications under section 92 of the Trade Marks Act 1995 (Cth) by Green Planet Maintenance Pty Ltd to remove trade mark number 812026 (class 37) – PLANET PLUMBING...

Planet Plumbing SW Works Pty Ltd opposed applications by Green Planet Maintenance Pty Ltd to remove its trade mark number 812026 from the Register of Trade Marks under section 92 of the *Trade Marks Act 1995* (Cth). The applications for removal were based on allegations of non-use. The matter came before Nicholas Barbey.

The primary legal issue before the court was whether the applicant, Green Planet Maintenance Pty Ltd, had demonstrated sufficient use of its trade mark in relation to the goods and services for which it was registered. The court was required to determine if the evidence presented established that the trade mark had not been used in the twelve months preceding the filing of the removal applications, and if so, whether discretion should be exercised to remove the trade mark from the Register.

The court found that Green Planet Maintenance Pty Ltd had failed to demonstrate any use of the trade mark in the relevant period. Consequently, the court determined that it would not exercise its discretion to allow the trade mark to remain on the Register. The court ordered that trade mark number 812026 be removed from the Register.