Monster Cable Products, Inc v Konami Corporation

This matter concerned an opposition to the registration of a trade mark application, number 999612, by Monster Cable Products, Inc. (the opponent) against Konami Corporation (the applicant). The opposition was brought before a delegate of the Registrar of Trade Marks.

The legal issues before the delegate were whether the opponent had established its opposition on the grounds provided by sections 44 and 60 of the relevant Act. Section 44 concerns the use of trade marks that are identical or deceptively similar to earlier trade marks, while section 60 relates to trade marks that have acquired a reputation in Australia. The opponent relied on a series of its registered trade marks, primarily for various types of cables, wires, connectors, and related electrical and electronic equipment, dating back to 1982.

The delegate considered the evidence and submissions presented by both parties. While the opponent demonstrated a significant portfolio of registered trade marks, many of which included the word "MONSTER" and related to goods within Class 9, the delegate found that the opponent had not established its opposition under section 60 of the Act. The decision does not detail the specific reasoning for the rejection of the section 44 ground, but it is implicit that it was not established to the delegate's satisfaction.

Consequently, the delegate decided to allow the trade mark application number 999612 to proceed to registration, subject to a one-month delay to allow for any potential appeal. The applicant was also awarded costs on the official scale, having been successful in the proceedings.