Opposition by Kevin Robinson to application under section 92 of the Trade Marks Act 1995 (Cth) by Little Wings Limited to remove trade mark number 1846646 (classes 39, 41) – LITTLE WINGS with aeroplane device - in...

Kevin Robinson (the Opponent) sought the removal of trade mark number 1846646, LITTLE WINGS with an aeroplane device, registered by Little Wings Limited (the Applicant) in classes 39 and 41. The application for removal was made under section 92 of the *Trade Marks Act 1995* (Cth). The matter was heard by Nicholas Barbey.

The central legal issue before the court was whether the Opponent had demonstrated that the Applicant had no intention in good faith to use, or had not actually used, the trade mark during the relevant period, thereby justifying its removal from the register. The court was required to consider the evidence presented by the Opponent regarding the Applicant's use or intended use of the trade mark.

The court found that the Opponent's evidence did not establish the necessary grounds for removal under section 92 of the Act. Consequently, the court determined that it was not appropriate to exercise its discretion to remove the trade mark from the register. The court ordered that the trade mark remain registered.

In relation to costs, the court applied the general rule that costs follow the event and awarded costs against the Opponent, to be calculated in accordance with Schedule 8 of the *Trade Mark Regulations 1995* (Cth).