Comite Interprofessionnel du Vin de Champagne and Institut National de lOrigine et de la Qualite v Network Nutrition Pty Limited

The Comite Interprofessionnel du Vin de Champagne and Institut National de lOrigine et de la Qualite (the Opponents) opposed the registration of trade mark 2039529 by Network Nutrition Pty Limited (the Applicant). The decision was made by the Registrar of Trade Marks.

The primary legal issue before the Registrar was whether any of the grounds of opposition nominated by the Opponents had been established, thereby preventing the registration of the Applicant's trade mark.

The Registrar determined that the Opponents had not established any of the grounds of opposition they had nominated. Accordingly, pursuant to section 55 of the relevant legislation, the Registrar decided that the trade mark could proceed to registration. The Registrar also awarded costs against the Opponents in favour of the Applicant, applying the general rule that costs follow the event.