Shandong Linglong Tyre Co., Ltd. v Mitsubishi Jidosha Kogyo Kabushiki Kaisha

Shandong Linglong Tyre Co., Ltd. (the applicant) sought the removal of trade mark registration 793018 from the Register, which was registered in the name of Mitsubishi Jidosha Kogyo Kabushiki Kaisha (the opponent). The application for removal was made under section 92(4)(b) of the *Trade Marks Act 1995* (Cth).

The primary legal issue before the delegate was whether the opponent had demonstrated the use of the trade mark for the registered goods during the relevant period, as required to resist the application for removal. This involved considering the evidence of use provided by the opponent and whether it discharged the onus placed upon it under section 100(3)(a) of the Act.

The delegate found that the evidence presented by the opponent, specifically the "Principe declaration," sufficiently demonstrated the use of the trade mark for the registered goods within the relevant period. Consequently, the opponent had satisfied its onus under section 100(3)(a) of the *Trade Marks Act 1995*. The delegate therefore decided that the opposition to the removal application was established and that the trade mark should remain on the Register. The delegate ordered that trade mark registration 793018 not be removed from the Register for any of the goods for which it was registered and awarded costs to the opponent.