Bega Cheese Limited v Quesos Vega Soltuelamos, SL

Bega Cheese Limited (the opponent) opposed an application for an International Registration Designation (IRDA) by Quesos Vega Soltuelamos, SL. The dispute concerned the potential for confusion and deception arising from the use of the trade mark "BEGA" in relation to cheese products. The decision was made by Bianca Irgang, a Hearing Officer in the Trade Marks Hearings.

The legal issues before the Hearing Officer were whether the grounds of opposition raised by Bega Cheese Limited had been established, and consequently, whether protection for the IRDA should be refused or extended in respect of the listed goods. The Hearing Officer was required to consider the extent to which any grounds of opposition were proven.

The Hearing Officer found that Bega Cheese Limited had not established any of its grounds of opposition. The decision was based on the evidence presented, which included statutory declarations detailing Bega Cheese Limited's long-standing use and extensive reputation in Australia and internationally for its "BEGA" branded dairy products, including cheese. The Hearing Officer concluded that the opponent had failed to demonstrate that the proposed IRDA would lead to confusion or deception.

Accordingly, the Hearing Officer directed that protection of IRDA 1626694 be extended in respect of all the listed goods. Costs were awarded against the opponent, following the usual principle that costs follow the event.