Opposition by The a2 Milk Company Limited to registration of trade mark application number 1985165 (class 5, 29) – NAN A2 LOGO - in the name of Societe des Produits Nestle S.A.

The dispute concerned an opposition by The a2 Milk Company Limited to the registration of the trade mark application number 1985165, known as NAN A2 LOGO, in classes 5 and 29, filed by Societe des Produits Nestle S.A. The matter was heard by Jock McDonagh, a Hearing Officer and delegate of the Registrar of Trade Marks.

The legal issues before the Hearing Officer were whether the grounds of opposition raised by The a2 Milk Company Limited under sections 42(b), 44, and 60 of the *Trade Marks Act 1995* (Cth) were established. These grounds related to the potential for the trade mark to deceive or cause confusion, its similarity to existing trade marks, and its use in a manner that would be contrary to law.

The Hearing Officer considered evidence filed by both parties, including declarations from representatives of each company, and written and oral submissions. The decision focused on whether the Opponent had discharged its onus of proof for each ground of opposition. Ultimately, the Hearing Officer found that the Opponent had failed to establish any of the nominated grounds, including the ground under section 42(b).

Consequently, the Hearing Officer ordered that trade mark application number 1985165 may proceed to registration, subject to a one-month waiting period from the date of the decision, unless an appeal was filed. The Hearing Officer also awarded costs against the Opponent, following the general rule that costs follow the event.