Jam not used on Clothing

Case: Kerrie Boylett v Jan Scherrer [2012] ATMO 30 (19 March 2012)

Non-use proceedings were instituted against the registered trade mark shown on the left. Some of the goods in respect of which the trade mark was registered was clothing.

In an attempt to show use as a trade mark in respect of clothing, the owner submitted this image:

However, the Delegate, citing CSL Ltd v Hong Kong CSL Ltd [2008] ATMO 23, said that the expression "JAM presents" showed that the use of the JAM trade mark was to promote a music festival rather than clothing.


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