Diageo Brands B.V. v Australian Vintage Limited

Diageo Brands B.V. opposed the registration of the trade mark application 2226227, for the mark BLACK LABEL (Fancy), by Australian Vintage Limited. The decision was made by Nicholas Smith, a Hearing Officer acting as Delegate of the Registrar of Trade Marks.

The primary legal issue before the Hearing Officer was whether the opposition to the registration of the BLACK LABEL trade mark should succeed, specifically concerning the ground of opposition pursuant to section 60 of the relevant legislation.

The Hearing Officer found that the Opponent, Diageo Brands B.V., had successfully established the ground of opposition under section 60. Consequently, the Hearing Officer refused to register the trade mark application. The refusal was to be recorded one month from the date of the decision, unless a notice of appeal was filed, in which case the refusal would be stayed pending the outcome of the appeal. The Hearing Officer also awarded costs in favour of the Opponent against the Applicant, Australian Vintage Limited, in accordance with the general rule that costs follow the event.