Unused trade marks should not be retained on the register, they are abandoned vessels in the shipping lanes of trade; judicial comment on why Trade Marks Act encourages revocation of abandoned trade marks which would otherwise trip up later traders using the same or similar branding. Multinational Globeride had Leanne Morris’ New Zealand ‘Feel Alive’ trademark revoked for non-use.
In 2013, Auckland-based Ms Morris registered the mark ‘Feel Alive’ for clothing.
This prior registration stymied plans by Globeride Inc to later register the same mark for its fishing gear and marine products.
In 2022, it challenged Ms Morris’ continued registration.
If not used commercially, a trademark can be revoked after three years continuous non-use.
When deciding Globeride’s revocation application, the Assistant Commissioner of Trademarks noted there was scant evidence of any commercial use by Ms Morris for the period 2019-22, but there was sufficient to sustain her trademark rights.
This decision was overturned by the High Court.
There was no evidence of Ms Morris selling or advertising any ‘Feel Alive’ branded products from early 2019, Justice Gordon said.
Evidence of online traffic was ambivalent; failing to identify any concluded sale of ‘Feel Alive’ product. Sales appeared to be product labelled as ‘Terra” essential oils or ‘Wellness’ boxes.
Ms Morris’ right to use the trademark ‘Feel Alive’ was revoked.
For trademarks, it is a case of use it or lose it.
She had not provided any evidence of brand management for ‘Feel Alive’ either through website advertising or online sales for the three years 2019-22.
Globeride Inc v. Morris – High Court (9.08.24)
24.190