Monster Energy Company v Shanghai Aiqia Food & Beverage Management Co., Ltd

Monster Energy Company (the Opponent) opposed the registration of trade mark application number 2311818 by Shanghai Aiqia Food & Beverage Management Co., Ltd (the Applicant). The opposition was brought under section 52 of the *Trade Marks Act 1995* (Cth).

The Hearing Officer was required to determine whether any of the grounds of opposition raised by Monster Energy Company had been established. These grounds included considerations under sections 42(b), 44, and 60 of the *Trade Marks Act 1995* (Cth).

The Hearing Officer found that the Opponent had not established any of the grounds upon which the opposition was based. Consequently, under section 55 of the *Trade Marks Act 1995* (Cth), the Hearing Officer decided that the trade mark application could proceed to registration one month from the date of the decision, unless a notice of appeal was filed. Costs were awarded against the Opponent.