INTELLECTUAL PROPERTY - trade marks - application for removal of trade marks for non-use successful under s 92 of the Trade Marks Act 1995 (Cth) (Act) - whether allegation of non-use rebutted by the production of evidence of use in good faith during relevant period - whether abandonment of trade marks during rebranding - exercise of discretion under s 101(3) of the Act - whether affected by repudiation of agreement - whether trade mark used by award of medal - whether trade mark used by listing in the telephone book
INTELLECTUAL PROPERTY - trade marks - whether infringement of trade mark under s 120(1) of the Act - whether breach of franchise agreement leads to conclusion that application for registration of trade mark is 'contrary to law' under s 42 of the Act - determining the owner of trade mark in connection with finding under s 58 of the Act - whether registration of trade mark was 'likely to deceive or cause confusion' under s 60 of the Act - whether trade mark was accepted for registration on the basis of evidence of representations that were false in material particulars under s 62(b) of the Act - whether application for registration of trade mark was made in bad faith under s 62A of the Act - whether use of trade marks constitutes passing off - whether use of trade marks constitutes misleading and deceptive conduct in breach of s 18 of the Australian Consumer Law - whether time limitation precludes the claim - whether trade marks should be removed or cancelled pursuant to s 88(1) of the Act
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