Opposition by Rajesh Yadali to application under section 92 of the Trade Marks Act 1995 (Cth) by Prana Living LLC to remove trade mark number 1595588 (class 35) - PRANA NATURA - in the name of Rajesh Yadali

This matter concerned an application by Prana Living LLC to remove trade mark number 1595588, "PRANA NATURA", from the Register of Trade Marks under section 92 of the *Trade Marks Act 1995* (Cth). The application for removal was opposed by Rajesh Yadali, the registered owner of the trade mark. The hearing officer, Timothy Brown, was required to determine whether the trade mark had been used in Australia during the relevant period, or if there was an obstacle to its use.

The legal issues before the hearing officer were whether the evidence presented by the Removal Opponent, Rajesh Yadali, demonstrated "use as a trade mark" during the relevant period, and if not, whether the Registrar's discretion to allow the trade mark to remain registered should be exercised. "Use as a trade mark" was defined as use of the sign as a "badge of origin," indicating a connection in the course of trade between the goods or services and the proprietor.

The hearing officer found that the registration of a business name did not constitute use of a trade mark, as it served an administrative function distinct from distinguishing goods or services. While the Removal Opponent provided invoices and bank statements showing transactions involving food products, and these documents contained the words "PRANA NATURA" as an account name and domain name, the hearing officer was not satisfied that this use functioned to distinguish the Removal Opponent's services from those of other traders. The prominent display of a composite trade mark on the invoice was considered the primary badge of origin from a consumer's perspective. Consequently, the hearing officer was not satisfied that it was reasonable to exercise the Registrar's discretion to allow the trade mark to remain registered.

Accordingly, the Removal Opponent's opposition to the removal of the trade mark was dismissed, and trade mark registration 1595588 was directed to be removed from the Register one month from the date of the decision, subject to any appeal. Costs were awarded against the Removal Opponent.