Re Opposition by Seven Network (Operations) Limited to application by 7-Eleven Inc for removal of trade mark 1540574 (9, 35, 38, 41) - 7now in the name of Seven Network (Operations) Limited

The dispute before the Administrative Appeals Tribunal concerned an opposition by Seven Network (Operations) Limited to an application by 7-Eleven Inc for the removal of trade mark 1540574, registered in classes 9, 35, 38, and 41, for the mark "7now". Seven Network sought to oppose the removal application under section 96 of the *Trade Marks Act 1995* (Cth).

The Tribunal was required to determine whether Seven Network had established grounds for opposition to the removal of the trade mark under section 92(4)(b) of the Act, and if so, whether the Registrar's discretion should be exercised in favour of the opponent to removal.

The Tribunal found that Seven Network had not established the necessary grounds for opposition to the removal application. Consequently, the Registrar's discretion was not exercised in favour of Seven Network. The Tribunal ordered that the trade mark 1540574 be removed from the Register.