Re: Opposition by Jagen Pty Ltd to application under section 92 of the Trade Marks Act 1995 (Cth) by Index Fund Advisors Pty Ltd to remove trade mark number 1067649 (class 36) – SCIENTIA CAPITAL – in the name of...

This matter concerned an application under section 92 of the *Trade Marks Act 1995* (Cth) by Jagen Pty Ltd (the opponent) seeking the removal of trade mark number 1067649, SCIENTIA CAPITAL, from the Register. The trade mark was registered in class 36 and was in the name of Index Fund Advisors Pty Ltd. The opponent alleged that the trade mark had not been used by the registered owner or an authorised user.

The primary legal issue before the Court was whether the registered owner had demonstrated sufficient use of the trade mark in Australia. The Court was required to determine if the evidence presented by the registered owner established that the trade mark had been used in relation to the goods or services for which it was registered, or if there was a genuine intention to use it.

The Court found that the evidence of use provided by the registered owner was insufficient to satisfy the requirements of the *Trade Marks Act 1995*. Consequently, the Court concluded that it was not required to exercise its discretion to allow the trade mark to remain on the Register. The Court ordered that trade mark number 1067649 be removed from the Register.