Cantarella Bros Pty Ltd v Societe Des Produits Nestle S.A

Cantarella Bros Pty Ltd (the applicant) sought to register the trade mark "NUTELLA" in respect of chocolate and chocolate-based confectionery. Societe Des Produits Nestle S.A. (the opponent) opposed the registration. The decision was made by the Registrar of Trade Marks.

The Registrar was required to determine whether any of the grounds of opposition raised by Nestle had been established, and if so, whether to refuse or register the trade mark. The opposition was based on grounds that would have been specified in paragraph 62(a) of the Act, relating to amendments made to the application contrary to the Act.

The Registrar found that the opponent had established a ground of opposition. Applying section 55(1) of the Act, the Registrar decided to refuse the registration of the trade mark. The Registrar also awarded costs against the applicant, to be calculated in accordance with the Trade Mark Regulations 1995.