Thomas Rodrigues v Hyundai Motor Company

In *Thomas Rodrigues v Hyundai Motor Company*, the applicant sought the removal of a registered trade mark from the Register under sections 92(4)(a) and (b) of the *Trade Marks Act 1995* (Cth). The respondent, Hyundai Motor Company, was the registered owner of the trade mark. The applicant contended that the trade mark had not been used during the relevant period and that there was no obstacle to its use.

The primary legal issue before the court was whether the registered trade mark should be removed from the Register on the grounds of non-use. This required the court to consider the evidence presented by the applicant regarding the use of the trade mark and any potential obstacles to its use by the respondent.

The court found that the evidence adduced by the applicant did not establish that the trade mark had been used during the relevant period, nor did it demonstrate any obstacle that prevented the respondent from using the trade mark. Consequently, the court determined that it was not appropriate to exercise the Registrar's discretion to keep the trade mark on the Register. The court ordered that the trade mark be removed from the Register.