A trade mark registration, and the goodwill or reputation attaching to it, is a valuable asset for any business. However, attaining registration is often the simplest aspect of the process. What constitutes sufficient trade mark use is far from settled in Australia. The Full Federal Court's decision in Lodestar provides valuable guidance in respect of the relevant authorities that are applicable. However, the subsequent decision in Dick Smith appears to depart from the position propounded by the majority in Lodestar. Through an examination of the current law in Australia on trade mark "use" and the position internationally, this article has argued that legislative reform is necessary and desirable in order to achieve a higher standard of trade mark use, akin to the standard of "genuine use" applicable in the UK and Europe. Legislative intervention would also assist in overcoming the inconsistency of the decision in Dick Smith with respect to the standard of use required. In the absence of legislative change, it is appropriate for Courts to require a more robust standard of use of trade mark owners, given the commercial and financial benefits derived from the exclusive rights within the relevant territory that trade mark registration affords the owner.
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