Opposition by Young Engineering Pty Ltd to an application under section 92 of the Trade Marks Act 1995 (Cth) by Vokes Limited for removal of trade mark number 216896 (11) – VOKES VEE-GLASS – in the name of Young...

This matter concerned an opposition by Young Engineering Pty Ltd to an application by Vokes Limited for the removal of trade mark number 216896, known as VOKES VEE-GLASS, from the Register. The application for removal was made under section 92 of the *Trade Marks Act 1995* (Cth) on the grounds of non-use. The decision was made by Nicholas Smith, a Delegate of the Registrar of Trade Marks.

The primary legal issue before the Delegate was whether Vokes Limited, as the registered owner of the trade mark, had used the VOKES VEE-GLASS trade mark in Australia in good faith in relation to the registered goods during the continuous three-year period ending one month before the filing of the removal application, which was 12 October 2013. Young Engineering Pty Ltd, the opponent, bore the onus of establishing such use.

The Delegate considered various declarations and exhibits submitted by both parties. Ultimately, the Delegate was satisfied that Young Engineering Pty Ltd had demonstrated authorised use of the VOKES VEE-GLASS trade mark for the registered goods during the relevant period. Applying section 92(4)(b) of the Act, the Delegate found that the trade mark had not remained registered without use for the specified period. Consequently, the Delegate decided that the opposition to removal should be upheld.

The Delegate ordered that trade mark registration number 216896 should not be removed from the Register in relation to any of the goods for which it was registered. Furthermore, costs in relation to the application for removal were awarded against the Applicant, Vokes Limited, in accordance with Schedule 8 of the Regulations.