Opposition by Energy Beverages LLC to application under section 92 of the Act by Cantarella Bros Pty Limited to remove trade mark number 1345404 (32) – MOTHERLAND - in the name of Energy Beverages LLC.

This matter concerned an opposition by Energy Beverages LLC to an application filed by Cantarella Bros Pty Limited under section 92 of the *Trade Marks Act 1995* (Cth) to remove trade mark number 1345404, registered as MOTHERLAND, from the Register of Trade Marks. The application for removal was brought on the grounds that the trade mark had not been used in relation to the goods for which it was registered during the relevant period. The decision was made by Bianca Irgang.

The primary legal issue before the delegate was whether Cantarella Bros Pty Limited had established that the trade mark MOTHERLAND had been used in relation to any of the goods for which it was registered during the period of three years immediately preceding the filing of the notice of intention to remove the trade mark from the Register.

The delegate found that Cantarella Bros Pty Limited had failed to provide sufficient evidence to establish use of the trade mark MOTHERLAND in relation to any of the registered goods during the relevant period. Consequently, the delegate concluded that the trade mark should be removed from the Register.

The delegate ordered that trade mark number 1345404 be removed from the Register of Trade Marks.