Re: Opposition by Opus RV Pty Ltd to an application under section 92 of the Act by H Taylor & Son (Brokley) Limited to remove trade mark 1400298 (12) Aeroplus in the name of Opus RV Pty Ltd from the Register of..

This matter concerned an opposition by Opus RV Pty Ltd to an application by H Taylor & Son (Brokley) Limited to remove its trade mark, "Aeroplus" (registration number 1400298), from the Register of Trade Marks. The hearing officer, Iain Campbell Thompson, was tasked with determining whether the trade mark had been genuinely used in Australia in relation to the goods for which it was registered.

The central legal issue before the hearing officer was whether H Taylor & Son (Brokley) Limited had discharged its onus to prove that the trade mark "Aeroplus" had been genuinely used in Australia in relation to "vehicles, namely caravans, motor homes and campervans" within the period of three years immediately preceding the filing of the removal application. This required an assessment of the nature and extent of the use, if any, of the trade mark.

The hearing officer found that the evidence presented by H Taylor & Son (Brokley) Limited did not demonstrate genuine use of the trade mark "Aeroplus" in Australia. The evidence consisted of a single invoice for the sale of a caravan bearing the trade mark, which was dated within the relevant period. However, the hearing officer determined that this isolated transaction, without further evidence of marketing, advertising, or ongoing sales activity, was insufficient to establish genuine use. The legal principle applied was that genuine use requires more than a token or sporadic use; it must be a real commercial use, reflecting the actual use of the mark in the marketplace.

Consequently, the hearing officer ordered that the trade mark "Aeroplus" be removed from the Register of Trade Marks.