Star Television Productions Limited v Star Entertainment Group Limited

Star Television Productions Limited opposed an application by Star Entertainment Group Limited to remove its registered trade mark, number 859666, which comprised the word "STAR" with a star device and covered classes 16, 38, 41, and 42. The application for removal was brought under section 92 of the *Trade Marks Act 1995* (Cth).

The primary legal issue before the court was whether the trade mark had been genuinely used in Australia in relation to the goods and services for which it was registered. Specifically, the court had to determine if Star Television Productions Limited had demonstrated sufficient use to justify the continued registration of the mark, or if it should be removed from the register due to non-use.

The court considered the evidence of use presented by Star Television Productions Limited. It applied the principles of trade mark law concerning genuine use, which requires more than token or sporadic use and necessitates use in the ordinary course of trade. The court's assessment would have focused on the nature, duration, and intensity of the use claimed by the opponent.

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