Oppositions by Cohga Pty Ltd to applications by Google LLC for removal of trade marks 1432371 (9) WEAVE BUSINESS INTEGRATION FRAMEWORK (figurative) and 1432378 (9) WEAVE BUSINESS INTEGRATION FRAMEWORK (figurative)...

Cohga Pty Ltd opposed applications by Google LLC for the removal of two registered trade marks, WEAVE BUSINESS INTEGRATION FRAMEWORK (figurative), from the Register under section 92(4)(b) of the *Trade Marks Act 1995* (Cth). The oppositions were heard by Robert Wilson.

The primary legal issue before the court was whether Google LLC had established that the trade marks had not been used in Australia during the relevant period, and if so, whether the court should exercise its discretion to remove the trade marks from the Register. Cohga Pty Ltd contended that there had been use of the trade marks, or that it was not reasonably practicable to have used them.

The court found that Google LLC had discharged its onus of proving non-use of the trade marks during the relevant period. Cohga Pty Ltd failed to demonstrate actual use or to establish that it was not reasonably practicable to have used the trade marks. Consequently, the court determined that it was not appropriate to exercise its discretion in favour of Cohga Pty Ltd, and the trade marks were ordered to be removed from the Register.