Chateau Lynch Bages v Chateau Angelus S.A

This matter concerned an opposition to an extension of protection in Australia for a trade mark. The Opponent, Chateau Lynch Bages, sought to oppose the extension of protection sought by the Holder, Chateau Angelus S.A., for its trade mark. The Opponent nominated grounds of opposition under sections 42(b), 44, 60, and 62A of the relevant legislation. The decision was made by Debrett Lyons, a Hearing Officer, who had been delegated the authority by the Registrar.

The legal issues before the Hearing Officer were whether the Opponent had established any of the nominated grounds for opposing the extension of protection. The Opponent carried the burden of proving these grounds on the balance of probabilities, with the rights of the parties assessed as at the relevant date. The Opponent's evidence included a declaration detailing its use of the trade mark "ECHO" for wines since 2008, with sales in Australia since 2014, and an estimated annual sales revenue. The Holder's evidence, largely confidential, indicated its ownership of significant Bordeaux vineyards and its use and registration of trade marks incorporating "d'ANGELUS," with wine sales in Australia dating back to the 1960s.

The Hearing Officer found that the Opponent had not established any of the grounds of opposition it had nominated. The evidence presented by the Opponent regarding its use and sales of the "ECHO" trade mark in Australia was not sufficient to meet the required burden of proof for any of the grounds relied upon. Consequently, the Hearing Officer extended protection in Australia for the trade mark for all specified goods. The Hearing Officer also awarded costs against the Opponent in accordance with the general rule that costs follow the event.