Opposition by TAK Products & Services Pte Ltd to application under section 92 of the

This matter came before a delegate of the Registrar of Trade Marks concerning an application by Dowan Kim to remove trade mark number 1931724, known as "TAK Inspiring Spaces" (composite series), from the Australian Register of Trade Marks. The application sought removal on the grounds of non-use in relation to goods in classes 17 and 19. TAK Products & Services Pte Ltd, the registered owner of the trade mark, opposed this removal application.

The primary legal issue before the delegate was whether TAK Products & Services Pte Ltd had established use of the trade mark in Australia during the relevant three-year period preceding the removal application, or if circumstances constituting an obstacle to use existed. This required an examination of the evidence to determine if the trade mark had been used as a badge of origin for the registered goods, or if any presented use of a similar mark constituted use of the registered trade mark under section 7(1) of the Trade Marks Act 1995 (Cth).

The delegate found that the evidence presented by TAK Products & Services Pte Ltd was insufficient to establish use of the trade mark. Specifically, the invoice and purchase orders relied upon displayed a "TAK-Star Logo" which was deemed to have substantially different essential features from the registered "TAK Inspiring Spaces" trade mark, particularly due to the absence of the words "Inspiring Spaces". Furthermore, the evidence relating to the company's website was not clearly directed to Australia, and the photographs of packaging did not definitively show the registered trade mark in use on the specified goods. Consequently, the delegate concluded that no use of the trade mark had been established, nor had any obstacles to use been demonstrated.

As no use of the trade mark had been proven, and no circumstances preventing use were established, the delegate determined that the trade mark had remained registered without use for the requisite period. Accordingly, the delegate ordered the removal of trade mark number 1931724 from the Australian Register of Trade Marks.