Monster Energy Company v Maple Mountain Group Inc

Monster Energy Company opposed the extension of protection in Australia to International Registration No. 1546343, a figurative mark designated "M" (Figurative), held by Maple Mountain Group, Inc. The opposition concerned the use of the trade mark by the holder.

The primary legal issue before the Hearing Officer was whether the grounds of opposition raised by Monster Energy Company, specifically under section 42(b) of the relevant legislation, had been established. This section relates to whether the use of a trade mark would be contrary to law.

The Hearing Officer found that Monster Energy Company had failed to establish that the use of the trade mark by Maple Mountain Group, Inc. would be contrary to law. Consequently, the opposition was not upheld on this ground.

As a result, the Hearing Officer directed that protection of the international registration be extended in respect of all the listed goods and services. The Hearing Officer also awarded costs to the holder, Maple Mountain Group, Inc., against the opponent, Monster Energy Company, in accordance with the general rule that costs follow the event.