Peach and Lily Inc

This matter concerned an application by Peach and Lily Inc. (the Registrant) to revoke the registration of a trade mark. The decision was made by Benjamin Goldsworthy, acting as a delegate of the Registrar of Trade Marks. The Registrant elected not to appear at the hearing and provided written submissions and evidence only.

The legal issues before the delegate were whether the trade mark should not have been registered, considering all circumstances existing at the time of registration, and whether it was reasonable to revoke the registration. These considerations were to be made in light of sections 84A and 41 of the relevant legislation, which address the Registrar's power to revoke registration and the criteria for a trade mark's ability to distinguish an applicant's goods or services, respectively.

The delegate considered the evidence provided by the Registrant, including website screenshots, social media pages, and search results related to the term "glass skin." The delegate applied section 84A, which allows for revocation if the trade mark should not have been registered and it is reasonable to do so. The delegate also had regard to section 41, which requires a trade mark to be capable of distinguishing the applicant's goods or services. After weighing the material and considerations, the delegate was satisfied that it was reasonable to revoke the registration of the trade mark.

Consequently, the delegate exercised the power under sections 84A and 38 to revoke both the registration and the acceptance of the trade mark application. The delegate directed that the trade mark application be returned to examination.