Trade Mark News & Information

Trade Mark Registration Sydney – ATMO Decisions – October 2021

Billie Inc v Sergey Kayudin [2021] ATMO 112 (1 October 2021)

Successful opposition by Billie Inc to trademark registration of BILLIE filed on 28 September 2018 for shaving products in class 3 and 8.

The opponent prevailed under the s59 intention to use ground.

The applicant did not file any evidence or participate in the opposition.

The opponent is a US based female first body brand which sells shaving and body care products for women.

The applicant and Maria Markina co-founded Athena Club, a US based feminine care brand. Ms Markina had subscribed to the opponent’s BILLIE mailing list. Athena Club had also launched new products corresponding to those marketed by the opponent in the US.

The opponent alleged the applicant had no intention of using the BILLIE mark, but had rather filed the trade mark application to prevent or limit the opponent’s business activities and/or to sell it to the opponent.

The delegate considered the opponent’s evidence was sufficient to cast doubt on the applicant’s intention and to shift the onus on to the applicant to justify his intention. Since the applicant did not file any evidence, the delegate was satisfied that it was more likely than not that the applicant lacked a genuine intention to use the BILLIE mark in Australia.