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ARTICLE · 11 FEBRUARY 2017

Dick Smith Investments Pty Ltd v Ramsey [2016] FCA 939

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Very little evidence of use is required to defend an application to remove a trade mark for non-use.

AustraliaIntellectual Property
Michael Deacon
Michael Deacon
Chris Bevitt
Chris Bevitt
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The Parties

Dick Smith Investments Pty Ltd (Dick Smith) was the applicant for and is the former registered owner of the subject trade mark, which is now owned by Ozemate Pty Ltd (Ozemate). Roger John Ramsey (Ramsey) applied to remove the trade mark from the register on the basis of non-use. This judgment of the Federal Court (Katzmann J) relates to an appeal by Dick Smith and Ozemate from the original decision by the Registrar of Trade Marks to remove the trade mark from the register.

The Trade Mark

The Australian trade mark in issue was OZEMITE (No. 811789), registered in class 29 for "Spreads and snack foods in this class" and in class 30 for "Yeast; yeast extracts; spreads and snack foods in this class".

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