Recruitcorp Pty Ltd v State of Queensland (c/o Department of Energy and Public Works – QBuild

Recruitcorp Pty Ltd sought the removal of a trade mark registered by the State of Queensland (c/o Department of Energy and Public Works – QBuild) from the Register of Trade Marks under section 92(4)(b) of the *Trade Marks Act 1995* (Cth). The application was heard by Nicole Worth.

The central legal issue before the court was whether the registered trade mark had been genuinely used in Australia during the period of three years immediately preceding the date of the application for removal, as required by section 92(4)(b) of the Act. Recruitcorp contended that such use had not been established, thereby justifying the removal of the mark.

The court considered the evidence presented regarding the use of the trade mark. It was found that the evidence established that the trade mark had indeed been used in Australia during the relevant three-year period. Consequently, the court determined that the grounds for removal under section 92(4)(b) were not met. The registration of the trade mark was therefore maintained.