Registrar's delegate exercises discretion to allow mark to remain on register despite finding of non-use

In Make Wine Pty Ltd v Modern Ancient Brands Pty Ltd, the delegate has found that Make Wine had not demonstrated use of the figurative mark WOODLEY'S QUEEN ADELAIDE RIESLING, but exercised her discretion under Section 101(3) of the Trademarks Act to allow the mark to remain on the register. The delegate took into account the fact that Make Wine was actively selling Queen Adelaide-branded wine under an updated label.