Re: Opposition by Acer Incorporated to application under section 92 of the Trade Marks Act 1995 (Cth) by PBX Holdings LLC to remove trade mark numbers 469329 & 973320 (class 9) - Packard Bell (logo) & Packard Bell

This matter concerned an opposition by Acer Incorporated to an application by PBX Holdings LLC for the removal of two trade marks, numbers 469329 and 973320, both registered in class 9 and featuring the "Packard Bell" logo and name. The application for removal was brought under section 92 of the *Trade Marks Act 1995* (Cth). The decision was made by McDonagh J in the Federal Court of Australia.

The primary legal issue before the court was whether PBX Holdings LLC had demonstrated sufficient use of the trade marks in Australia during the relevant period to justify their continued registration. Acer Incorporated contended that no genuine use had been made of the marks, thereby providing grounds for their removal. The court was required to consider the evidence presented by PBX Holdings LLC and determine if it met the threshold for establishing use under the Act.

McDonagh J considered the evidence of use provided by PBX Holdings LLC and found it to be insufficient to demonstrate genuine use of the trade marks in Australia. The court applied the principles established in trade mark law regarding the requirement for actual and genuine use of registered marks. Having found that the onus was on PBX Holdings LLC to prove use, and that this onus had not been discharged, the court exercised its discretion under section 92(4)(b) of the Act.

The court ordered that the trade marks be removed from the Register.