Turner Leisure Products Pty Ltd v Dometic Sweden AB

Turner Leisure Products Pty Ltd sought the removal of two registered trade marks, registration numbers 1402065 and 1581527, from the Register of Trade Marks under section 92(4)(b) of the *Trade Marks Act 1995* (Cth). Dometic Sweden AB was the registered owner of these trade marks. The applications for removal were heard by Katrina Brown, acting as delegate of the Registrar of Trade Marks.

The primary legal issue before the delegate was whether the registered trade marks had been genuinely used in Australia in relation to the goods for which they were registered within the relevant period. If non-use was established, the delegate then had to consider whether to exercise discretion to remove the registrations entirely or to retain them in respect of specific goods or services.

The delegate found that Dometic Sweden AB had demonstrated use of trade mark 1581527 in relation to certain goods within the relevant period. However, for trade mark 1402065, and for some of the goods under registration 1581527, Dometic Sweden AB had failed to demonstrate such use. Applying the principles of discretion, the delegate determined that it was appropriate to retain both registrations, but only in respect of those goods for which use had been proven. The applications for removal were therefore granted in part.