Can You Lose a Trademark by Not Using It?

We have received, directly from Swim Shady Pty Ltd, the latest decision...

We have received, directly from Swim Shady Pty Ltd, the latest decision from the Australian Trade Marks Office regarding the SHADY and SHADY LIMITED trade marks, owned by Marshall B. Mathers III.

The case concerned proceedings for the partial cancellation of these marks from the Australian register, at the request of Swim Shady Pty Ltd, on the grounds of non-use in relation to certain goods, including those in classes 18 and 25.

The Australian Trade Marks Office found that no evidence had been provided of use of the marks by the proprietor or an authorised user during the required period, nor had any obstacles to their use been demonstrated. Consequently, the Office ordered the partial removal of the SHADY and SHADY LIMITED marks from the register in respect of the goods in question.

This is a significant and major success for SWIM SHADY – an Australian lifestyle brand that consistently defends its intellectual property rights.

As SWIM SHADY’s co-founders, Jeremy Scott and Elizabeth Afrakoff, emphasise, the decision is an important milestone in their business.

We congratulate SWIM SHADY on this remarkable outcome!

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