Re: Oppositions by Warrior Australia Pty Ltd to applications under section 92 of the Trade Marks Act 1995 (Cth) by Warrior Sports, Inc to remove trade mark numbers 398525 (class 28) and 398526 (class 25) Warrior

This matter concerned oppositions filed by Warrior Australia Pty Ltd against applications by Warrior Sports, Inc. to remove two registered trade marks, numbers 398525 (in class 28) and 398526 (in class 25), from the Register of Trade Marks. The applications for removal were brought under section 92 of the *Trade Marks Act 1995* (Cth). The decision was made by Deputy Registrar Louise Tuohy.

The primary legal issue before the Deputy Registrar was whether the trade marks had been genuinely used in Australia in relation to the goods for which they were registered, or if there was a real and present intention to use them. Warrior Australia Pty Ltd contended that the trade marks had not been genuinely used, while Warrior Sports, Inc. argued for their continued registration.

The Deputy Registrar considered evidence of use for both trade marks. For trade mark number 398525 (class 28), evidence of use was found to be insufficient to demonstrate genuine use in Australia. However, for trade mark number 398526 (class 25), the Deputy Registrar found that sufficient evidence of genuine use had been presented. The legal principle applied was that the onus is on the registered owner to demonstrate genuine use of the trade mark in Australia for the registered goods or services, or a real intention to do so.

Consequently, the application for removal of trade mark number 398525 was successful, and that trade mark was removed from the Register. The application for removal of trade mark number 398526 was dismissed, and that trade mark remained on the Register.