Skyn Pty Ltd v LifeStyles Healthcare Pte Ltd

Skyn Pty Ltd sought the removal of several registered trade marks owned by LifeStyles Healthcare Pte Ltd from the Register of Trade Marks. The applications for removal were brought under sections 92(4)(a) and 92(4)(b) of the *Trade Marks Act 1995* (Cth). The matter came before the Federal Court of Australia.

The primary legal issues before the Court were whether the registered trade marks had been, without reasonable cause, not used in Australia in relation to the goods or services for which they were registered, and whether the trade marks were registered without the intention that they be used by the registered owner or their permitted user in Australia in relation to those goods or services. The Court was also required to consider whether to exercise its discretion to remove the trade marks from the Register.

The Court found that partial removal of certain trade marks was established on the grounds of non-use. Specifically, trade marks numbered 1413749, 1517918, 1517919, 1664989, 1664990, 1695191, 1738300, 1738301, 1738413 and 1842519 were found to have been not used in relation to some of the goods or services for which they were registered. However, the Court determined that partial removal was not established for trade marks 1793508, 1793510, 1793511 and 1846459. Having found grounds for removal in relation to some marks, the Court considered whether to exercise its discretion to remove them from the Register.

The Court ultimately ordered the partial removal of trade marks 1413749, 1517918, 1517919, 1664989, 1664990, 1695191, 1738300, 1738301, 1738413 and 1842519 from the Register of Trade Marks in respect of the goods or services for which non-use was established. The applications for removal in respect of trade marks 1793508, 1793510, 1793511 and 1846459 were dismissed. The Court did not exercise its discretion to remove any of the trade marks.