Re: Opposition by Horizons (Asia) Pty Ltd to application under s 92 of the Trade Marks Act 1995 (Cth) by Enagic Co., Ltd to remove trade mark number 1280502 (classes 11 and 32) - Kangen - in the name of..

This matter concerned an application by Enagic Co., Ltd to remove trade mark number 1280502, registered as "Kangen" in classes 11 and 32, from the Register of Trade Marks. The opposition to this removal was brought by Horizons (Asia) Pty Ltd. The decision was made by Louise Tuohy.

The primary legal issues before the court were whether the trade mark had been genuinely used in Australia in relation to the goods for which it was registered, and if not, whether there was a proper reason for non-use. Specifically, the court considered the grounds for removal under sections 92(4)(a) and 92(4)(b) of the *Trade Marks Act 1995* (Cth).

The court found that the evidence presented did not demonstrate genuine use of the "Kangen" trade mark in Australia for the goods in classes 11 and 32. Consequently, the court determined that the trade mark had not been used as required by the Act and that no proper reason for such non-use had been established.

Accordingly, the court ordered that the trade mark number 1280502 be removed from the Register of Trade Marks.