Re: Opposition by Xiaomei Wang to application by Aurinda Pty Ltd to remove trade mark number 1487950 (5) Aurinda in the name of Xiaomei Wang

This matter concerned an opposition by Xiaomei Wang to an application by Aurinda Pty Ltd to remove trade mark number 1487950, registered in the name of Ms Wang. The application for removal was made under section 92(4)(b) of the *Trade Marks Act 1995* (Cth) in respect of all goods for which the trade mark was registered. The decision was made by Louise Tuohy.

The primary legal issue before the court was whether the trade mark had been used in Australia by the registered owner, or by a permitted user, during the three-year period immediately preceding the date of the application for removal. Aurinda Pty Ltd, as the applicant for removal, bore the onus of proving non-use.

The court found that Aurinda Pty Ltd had failed to discharge its onus of proving non-use of the trade mark. Consequently, the court determined that the grounds for removal under section 92(4)(b) of the *Trade Marks Act 1995* (Cth) were not established.

The application for removal was dismissed, and the trade mark will remain on the Register.