Zhejiang Leapmotor Technology Co., Ltd v Zhihua Liu

This decision concerns an application for the removal of trade marks from the Register, brought by Zhejiang Leapmotor Technology Co., Ltd (the Applicant) against Zhihua Liu (the Opponent). The dispute centred on whether certain trade marks, specifically registration numbers 1973610, 1973611, and 1973612, should be removed from the Register due to non-use or abandonment. The matter was heard by Nicholas Smith, Hearing Officer and Delegate of the Registrar of Trade Marks.

The legal issues before the court were whether the Opponent had abandoned the trade marks in question, and whether there was sufficient evidence of use or reputation to justify their continued registration. Specifically, the court had to consider the public interest in the integrity and purity of the Register, as well as the private commercial interests of the parties involved, in determining whether to exercise discretion to retain the registrations. The court was required to assess the evidence presented regarding the use of the marks for specific goods and services, and the likelihood of consumer confusion if the marks were removed.

The court reasoned that while the integrity of the Register is a guiding principle, private commercial interests are also relevant. It was satisfied that registration 1973612 should be retained for "Used Goods" (electric vehicles and cars) in Australia because it had not been abandoned and was actively used by a related entity, creating a genuine likelihood of significant consumer confusion if a similar mark were registered for vehicles. However, the court found insufficient evidence of use or reputation for trade mark 1973610, or for trade marks 1973611 and 1973612 in relation to "Remaining Goods and Services." Consequently, the court directed that registration 1973610 be removed from the Register, and that registrations 1973611 and 1973612 be removed in respect of all Remaining Goods and Services. The court also made an order for costs in favour of the Applicant concerning trade mark 1973610, but no order as to costs for the other trade marks, as neither party had been entirely successful.