The Coca-Cola Company v Garth Stanley

The Coca-Cola Company (the opponent) sought to remove Garth Stanley's registered trade mark for "COCA-COLA" from the Register of Trade Marks in relation to goods in Class 32. The application was made under section 92 of the *Trade Marks Act 1995* (Cth), specifically seeking partial removal pursuant to section 92(4)(b). The matter came before the Registrar of Trade Marks.

The primary legal issue before the Registrar was whether the trade mark "COCA-COLA" had been genuinely used in Australia during the relevant period in relation to goods falling within Class 32. The opponent contended that there had been no such use, and therefore, the trade mark should be removed from the Register to the extent that it covered Class 32 goods.

The Registrar considered the evidence presented by the opponent, which demonstrated a lack of genuine use of the trade mark "COCA-COLA" in relation to Class 32 goods during the specified period. The Registrar found that the evidence did not support the continued registration of the trade mark for these goods. Consequently, the Registrar determined that it was not appropriate to exercise discretion in favour of the opponent and ordered the removal of the trade mark from the Register with respect to Class 32 goods.