Opposition by Caterpillar Inc. to registration of trade mark application numbers 1883749 and 1895918 (class 12) - Hellcat in the name of FCA US Llc

This matter concerned an opposition by Caterpillar Inc. (the Opponent) to the registration of two trade mark applications, numbers 1883749 and 1895918, by FCA US Llc (the Applicant), both for the mark "Hellcat" in Class 12. The decision was made by Hearing Officer M. Cooper.

The legal issues before the Hearing Officer were whether any of the grounds of opposition nominated by the Opponent had been established, which would require the Registrar to refuse registration of the trade marks. The Opponent's evidence detailed its long history of using the "Caterpillar" and "CAT" trade marks, particularly in relation to machinery, equipment, and vehicles, and asserted a significant reputation and brand strength in Australia. The Opponent contended that the use of "Hellcat" by the Applicant on goods in Class 12 would likely cause Australian consumers to mistakenly believe that the goods were provided by or authorised by Caterpillar, or that the Applicant had an association with Caterpillar.

The Hearing Officer found that the Opponent had failed to establish any of the grounds of opposition it had nominated. The decision indicates that the Opponent's evidence, while demonstrating its own significant trade mark presence, did not establish the necessary connection or likelihood of confusion required to succeed in its opposition against the "Hellcat" trade marks.

Consequently, the Hearing Officer decided that the applications could proceed to registration one month from the date of the decision, unless an appeal was filed. The Hearing Officer also awarded costs against the Opponent, as the general rule that costs follow the event applied due to the Opponent's failure to establish its grounds of opposition.