Baron Philippe De Rothschild SA, Societe Civile De Chateau De Lafite Rothschild, and Groupement Foncier Agricole Des Vignobles De La Baronne Philippine De Rothschild v DCI International Pty Ltd

The parties to this proceeding were Baron Philippe De Rothschild SA, Societe Civile De Chateau De Lafite Rothschild, and Groupement Foncier Agricole Des Vignobles De La Baronne Philippine De Rothschild (the opponents) and DCI International Pty Ltd (the applicant). The dispute concerned an application to register a trade mark. The decision was made by Jock McDonagh, a Hearings Officer at Trade Marks Hearings.

The Hearings Officer was required to determine whether any of the grounds of opposition relied upon by the opponents had been established, in accordance with section 55 of the relevant Act. This section outlines the Registrar's obligations to decide whether to refuse or register a trade mark application, taking into account any established grounds of opposition.

The Hearings Officer found that none of the grounds of opposition had been established. Consequently, the Hearings Officer directed that the trade mark application could proceed to registration one month from the date of the decision, unless a notice of appeal was served on the Registrar within that period. In the event of an appeal, registration would be deferred until the appeal was discontinued or decided by the Court. The Hearings Officer also awarded costs against the opponent, as costs typically follow the event.