Opposition by Energy Beverages LLC to registration of trade mark application 1819816 (30, 40) MOTHERSKY in the name of Cantarella Bros Pty Ltd

This matter concerned an opposition by Energy Beverages LLC to the registration of the trade mark application 1819816, MOTHERSKY, in the name of Cantarella Bros Pty Ltd. The opposition was heard by Katrina Brown, Hearing Officer.

The legal issues before the Hearing Officer were whether the applicant's trade mark MOTHERSKY was substantially identical with, or deceptively similar to, any registered trade marks of the opponent in respect of similar or closely related goods or services, pursuant to section 44 of the *Trade Marks Act 1995* (Cth). The opponent also relied on a ground under section 42(b) of the Act, which was not elaborated upon in the provided text.

The Hearing Officer found that the opponent had not established a ground of opposition under section 42(b). While the text does not detail the reasoning for the section 44 assessment, it indicates that the opponent's reliance on its registered trade marks, including those incorporating the word 'Mother' for energy drinks, did not lead to a finding of substantial identity or deceptive similarity with the applicant's MOTHERSKY mark for coffee and related foodstuffs.

Consequently, the Hearing Officer decided that trade mark application number 1819816 could proceed to registration one month from the date of the decision, subject to any appeal. As the successful party, Cantarella Bros Pty Ltd was awarded costs against the opponent.