Opposition by Simon Burke to an application under section 92 of the Act by Factor Holdings Ltd to remove trade mark registration 1483535 FACTOR (11, 12) in the name of Simon Burke

This matter concerned an opposition by Simon Burke to an application by Factor Holdings Ltd to remove trade mark registration number 1483535, for the mark FACTOR (in classes 11 and 12), from the Register of Trade Marks. The opposition was heard by Katrina Brown.

The primary legal issue before the Court was whether the applicant, Factor Holdings Ltd, had established grounds for the removal of the trade mark registration under section 92 of the *Trade Marks Act 1995* (Cth). Specifically, the Court was required to determine if the trade mark had been genuinely used in Australia in relation to the goods for which it was registered, or if there was a proper intention to use the mark.

The Court considered evidence presented by both parties regarding the use of the FACTOR trade mark. It applied the principles established in case law concerning the requirements for genuine use and the assessment of an intention to use a trade mark. The Court found that the evidence did not sufficiently demonstrate genuine use of the trade mark in Australia for the goods in classes 11 and 12, nor did it establish a proper intention to use the mark.

Consequently, the Court ordered the removal of trade mark registration number 1483535 from the Register of Trade Marks.