Opposition by Ziggy T Pty Ltd to application under section 92 of the Act by The Ritz-Carlton Hotel Company, LLC to remove trade mark number 1592734 (41) – RITZ - in the name of Ziggy T Pty Ltd.

This matter concerned an application by The Ritz-Carlton Hotel Company, LLC to remove trade mark number 1592734, registered as RITZ and covering services in class 41, from the Register of Trade Marks. The application for removal was brought under section 92 of the *Trade Marks Act 1995* (Cth) and was opposed by the registered owner, Ziggy T Pty Ltd. The decision was made by Bianca Irgang.

The primary legal issue before the Court was whether the trade mark had been used in Australia during the relevant period in relation to the services for which it was registered. Specifically, the Court had to determine if The Ritz-Carlton Hotel Company, LLC had established use of the RITZ trade mark in relation to any of the services specified in the registration.

The Court found that use of the RITZ trade mark had been established in relation to some, but not all, of the services covered by the registration. Applying the principles of section 92(4)(b) of the *Trade Marks Act 1995* (Cth), which permits partial removal of a trade mark registration where use has been established for only part of the specified goods or services, the Court concluded that the removal application was partially successful.