Brauerei Beck GmbH v Warsteiner Brauerei Haus Cramer GmbH & Co KG

Brauerei Beck GmbH (the applicant) sought to register the trade mark "REGISTERED GOODS" in relation to beer. Warsteiner Brauerei Haus Cramer GmbH & Co KG (the opponent) opposed this registration. The matter proceeded to the Federal Court of Australia.

The primary legal issue before the Court was whether the trade mark "REGISTERED GOODS" was inherently deceptive or misleading, and therefore disentitled to registration under section 41(1) of the Trade Marks Act 1995 (Cth). Specifically, the Court had to consider whether the mark, when applied to beer, would be likely to deceive or cause confusion as to the nature, quality, or origin of the goods.

The Court reasoned that the term "REGISTERED GOODS" is a descriptive phrase that indicates that the goods have been registered, likely in some official capacity. Applying this to beer, the Court found that consumers would likely understand the mark to mean that the beer itself, or its registration, possessed some special quality or status conferred by registration. This would be misleading as the mark does not, in fact, denote any such quality or status inherent to the beer. The Court applied the principle that a trade mark must not be deceptive or misleading in relation to the goods for which registration is sought.

The Court upheld the opposition, finding that the trade mark was not capable of registration.