Trade mark decision

BL Number
O/101/01
Decision date
5 March 2001
Hearing Officer
Mr M Reynolds
Mark
TRIM
Classes
09
Registered Proprietor
John A Seiden
Applicants for Revocation
Tower Software Engineering Pty Ltd
Revocation
Sections 46(1)(a), 46(1)(b)

Result

Application for revocation successful.

Points Of Interest

  • 1. Genuine use
  • 2. Preparations for use
  • 3. Security for costs

Summary

The mark had been assigned to the present proprietor in 1989. His evidence included reference to an email address (trim@compuserve.com), specimen letterheads and three licence agreements. The Hearing Officer could not find from this evidence that there had been any genuine use of the mark; neither the existence of an email address nor the licence agreements provided any confirmation that trade under the mark had taken place. Preparation for use does not in itself save a registration. The Hearing Officer also took the view that the Registrar does not have a discretion to preserve the registration.

Full decision O/101/01 PDF document25Kb