Re: Opposition by Glug Pty Ltd to application under section 92 of the Trade Marks Act 1995 (Cth) by Little Wonders Wine Company Pty Ltd to remove trade mark number 1296292 (class 33) Tumbleweed in the name of..

This matter concerned an application by Glug Pty Ltd to remove trade mark number 1296292, Tumbleweed, from the Register of Trade Marks under section 92 of the *Trade Marks Act 1995* (Cth). The trade mark, registered in class 33, was in the name of Little Wonders Wine Company Pty Ltd. The hearing officer, Adrian Richards, considered the evidence of use of the trade mark.

The primary legal issues before the hearing officer were whether the use of the Tumbleweed trade mark by Little Wonders Wine Company Pty Ltd constituted authorised use and whether such use was in good faith. Glug Pty Ltd contended that the use of the trade mark did not meet these criteria, thereby justifying its removal from the Register.

The hearing officer found that Little Wonders Wine Company Pty Ltd had established use of the Tumbleweed trade mark. The evidence presented demonstrated that the trade mark had been used in connection with goods in class 33. Having found that use was established and that such use was authorised and in good faith, the hearing officer determined that the application for removal under section 92 of the Act was unsuccessful.