- Parties: The applicant was Shaoguan Risen Trading Corporation Ltd. The respondent was Dong Phuong Group Partnership.

- Subject Matter: On Jan. 20, 1984, the applicant – a corporation headquartered in Guangdong, China – registered Trademark Registration No. TMA287136 for the trademark DOUBLE SWALLOW BRAND & DESIGN for use in association with rice vermicelli, glutinous rice flour, rice flour, and instant rice vermicelli. On May 10, 2022, the Registrar of Trademarks issued a decision under s. 56 of the Trademarks Act, 1985. The decision expunged the applicant’s registration of the mark. The Registrar found that the applicant failed to establish prima facie use of the mark in connection with any of the registered goods. The applicant appealed the Registrar’s decision. The applicant conceded that it had no evidence that it used the mark in connection with glutinous rice flour, rice flour, and instant rice vermicelli. The issue was whether the applicant had shown use of the mark in connection with rice vermicelli.

- Ruling: The court ruled in the applicant’s favour, allowed its appeal, and preserved the mark’s registration in connection with rice vermicelli only. The court amended the mark’s registration relating to the remaining registered goods to delete those goods, as conceded by the applicant.

- Date: The hearing was set on May 8, 2023. The court released its decision on May 29, 2023.

- Venue: This was a federal case before the Federal Court.

- Amount: The court assessed costs to the applicant at the middle of Column III of Tariff B.