Re: Opposition by David Francis Mair to an application under section 92 of the Act by Data Republic Pty Ltd to remove trade mark number 1024337 Republic in the name of David Francis Mair

This matter concerned an application by Data Republic Pty Ltd (the applicant) under section 92 of the *Trade Marks Act 1995* (Cth) to remove trade mark number 1024337, registered as "Republic" in the name of David Francis Mair (the opponent). The application for removal was based on grounds of non-use and misrepresentation. The hearing officer considered the evidence and submissions of both parties.

The primary legal issues before the hearing officer were whether the trade mark had been used in Australia in relation to the goods and services for which it was registered, and whether the opponent had made any misrepresentations that led to the registration of the trade mark. Specifically, the hearing officer had to determine if the opponent had established genuine use of the trade mark "Republic" in relation to "computer software" and "computer services" as claimed in the registration.

The hearing officer's reasoning focused on the evidence presented by the opponent to demonstrate use. The hearing officer found that the evidence did not establish genuine use of the trade mark "Republic" in Australia for the specified goods and services. The evidence was considered insufficient to prove that the trade mark had been used in a real commercial sense, rather than merely being held in reserve. Consequently, the hearing officer concluded that the grounds for removal under section 92 of the Act had been made out.

The hearing officer ordered that trade mark number 1024337 be removed from the Register.