In the case of Swole Gym Wear Group Pty Ltd v Swole O'Clock
Ltd [2019] FCA 685, the Federal Court dismissed an application for
an extension of time to file a notice of appeal against the
decision of the Registrar of Trade Marks.
Background
An application was filed by Swole O'Clock Ltd (Swole
O'Clock) for the removal of Trade Mark No. 1702160 for
SWOLE (the Trade Mark) under s 92(4)(a) of the
Trade Marks Act 1995 (the Act) on the
basis that at the time the application was filed, its owner, Swole
Gym Wear Group Pty Ltd (Swole Gym), had no
intention in good faith to use the Trade Mark. The removal
application was subsequently opposed by Swole Gym.
Swole Gym claimed that the Trade Mark first appeared on its
wristband products and adduced evidence of email correspondence and
social media posts, from one year prior to the registering of the
Trade Mark, to demonstrate that the Trade Mark was registered in
good faith. Swole O'Clock highlighted that silicon
