Opposition by Monster Energy Company to registration of two trade mark applications – 1527801 (classes 9, 16, 25, 28, 30, 41) MONSTER MAN and 1527807 (classes 16, 25, 28, 41) MONSTER FRIENDZ – both in the name of...

Monster Energy Company opposed two trade mark applications, 1527801 for "MONSTER MAN" and 1527807 for "MONSTER FRIENDZ", filed by an overseas applicant without an Australian address for service. The opposition was brought under section 52 of the *Trade Marks Act 1995* (Cth). The delegate considered a ground of opposition under section 44 of the Act.

The primary legal issue was whether the opponent had established a ground of opposition under section 44 of the *Trade Marks Act 1995* (Cth). This section concerns the registration of trade marks that are identical or deceptively similar to earlier trade marks. The delegate also considered the implications of the applicant being an overseas entity without an Australian address for service, and whether the applicant should have been invited to amend the specifications of goods and services.

The delegate found that the opponent had established, on the balance of probabilities, that a ground of opposition under section 44 existed in relation to some of the goods. The delegate determined that the applicant, being an overseas applicant without an address for service in Australia or New Zealand, was not invited to amend the specification of goods and services. Consequently, the delegate refused to register each of the trade mark applications in their entirety. The delegate awarded costs to the opponent, with reduced costs for one of the applications, following the usual principle that costs follow the event.