Rhino Rack Australia Pty Limited v Industrias Jed S.r.l

Industrias Jed S.R.L. (the Applicant) sought to register the trade mark RHINO-RACK in Australia. Rhino Rack Australia Pty Limited (the Opponent) opposed this application, asserting ownership of the RHINO-RACK brand and trade mark, along with several formative marks. The Opponent claimed to have adopted and first used the trade mark in 1992 through its predecessor, Fetovu Pty Ltd, and provided evidence of its use on a wide range of automotive products, including roof racks, carriers, and associated accessories, from 2010 to 2022. Evidence of use was also presented through website extracts and archived versions of the Opponent's website dating back to 1999.

The primary legal issue before the court was whether the Opponent had established sufficient use of its RHINO-RACK trade mark and related formative marks in Australia to warrant the opposition to the Applicant's proposed registration. This involved determining the extent and nature of the Opponent's use of the trade marks in relation to its automotive products and whether this use demonstrated a genuine commercial presence and reputation in Australia. The court was required to assess the evidence presented by the Opponent regarding the adoption, continuous use, and distinctiveness of its RHINO-RACK trade marks.

The court considered the evidence of trade mark use provided by the Opponent, including declarations and exhibits detailing the adoption and ongoing use of the RHINO-RACK mark and its formative variations. The Opponent's evidence demonstrated the use of these marks on a comprehensive range of automotive accessories, supported by catalogues, brochures, and website materials spanning several years. The court noted the acquisition of the business of Fetovu Pty Ltd by the Opponent, although specific details regarding the date of this acquisition were not provided. The evidence indicated that the RHINO-RACK trade mark had been used on goods such as vehicle roof top carriers, roof bars, roof mounts, and various securing devices and accessories.