Reece Australia Pty Ltd v Hangzhou Great Star Industrial CO., Ltd

This decision concerns four trade mark removal applications brought by Hangzhou Great Star Industrial CO., Ltd against Reece Australia Pty Ltd. The dispute centred on whether Reece Australia Pty Ltd had used its registered trade marks, specifically numbers 383891, 731365, 1012524, and 1012712, during the relevant period, and whether the Registrar should exercise discretion to retain the registrations despite a lack of demonstrated use. The matter was heard by Bianca Irgang, a Hearing Officer.

The primary legal issue before the Hearing Officer was whether Reece Australia Pty Ltd had provided sufficient evidence to demonstrate use of the trade marks in relation to the specified goods during the relevant period, thereby rebutting the allegation of non-use. A secondary issue was whether, in the absence of such evidence, the Registrar's discretion should be exercised to retain the registrations.

The Hearing Officer found that while Reece Australia Pty Ltd had presented evidence of use of the DURA trade mark and the DURA within an oval device mark on some goods outside the relevant period, this evidence was insufficient to persuade the Hearing Officer that it was appropriate to exercise discretion to retain the registrations. The submissions made by Reece Australia Pty Ltd regarding use during the relevant period were considered inadequate, and the evidence did not establish use for the goods in question. Consequently, the Hearing Officer determined that it was not appropriate to exercise discretion not to remove the trade marks.

The Hearing Officer directed that Trade Mark Numbers 383891, 731365, 1012524, and 1012712 be removed from the register in respect of all goods to which the registrations applied, one month from the date of the decision, with provisions for any appeal. Hangzhou Great Star Industrial CO., Ltd was awarded costs in the four removal matters.