Re: Opposition by Gail Margaret Austen to application under section 92 of the Act by Your Mates Brewing Company Pty Ltd to remove trade mark number 479506(32) - Goodtime Logo - and 569435(32) - Goodtime Logo (2),

This matter concerned an opposition by Gail Margaret Austen to an application by Your Mates Brewing Company Pty Ltd to remove two registered trade marks, numbers 479506 and 569435, both bearing the "Goodtime Logo" and registered in class 32. The decision was made by Debrett Lyons.

The primary legal issue before the court was whether Your Mates Brewing Company Pty Ltd had established grounds for the removal of the trade marks under section 92 of the *Trade Marks Act 1995* (Cth), specifically concerning non-use. The court was required to determine if the trade marks had been genuinely used in Australia in relation to the goods for which they were registered, or if there was a proper reason for non-use.

The court found that the opposition to the removal of trade mark number 569435 was unsuccessful, meaning it would remain registered as is. However, the opposition was partially successful in respect of trade mark number 479506. The court ordered that the goods for which trade mark number 479506 was registered would be restricted, implying that its scope of protection would be narrowed.