Opposition by Pump Factory Pty Ltd and Zoran Kacavenda to application under section 92 of the Trade Marks Act 1995 (Cth) by TP-LINK Research America Corporation to remove trade mark number 1500578 (class 9) – kasa...

Pump Factory Pty Ltd and Zoran Kacavenda (the opponents) sought to remove trade mark number 1500578, registered in class 9 by TP-LINK Research America Corporation (the applicant), under section 92 of the *Trade Marks Act 1995* (Cth). The matter was heard by Blake Knowles.

The primary legal issue before the court was whether the applicant had demonstrated use of the trade mark during the relevant period, and if not, whether the court should exercise its discretion to allow the trade mark to remain on the register.

The court found that the applicant had failed to provide sufficient evidence of use of the trade mark during the period in question. Consequently, the court determined that it was not appropriate to exercise its discretion to permit the trade mark to remain registered. The trade mark was therefore removed from the register.