Red Bull GmbH v Reschke Pty Ltd

This decision concerns an application by Red Bull GmbH for the registration of a trade mark, opposed by Reschke Pty Ltd. The matter came before Jock McDonagh, a Hearings Officer of the Trade Marks Hearings.

The primary legal issue before the Hearings Officer was to determine the outcome of Reschke Pty Ltd's opposition to Red Bull GmbH's trade mark application, having regard to the grounds of opposition raised. Specifically, the Hearings Officer was required to decide whether to refuse registration or to register the trade mark, with or without conditions, based on the extent to which the grounds of opposition were established.

The Hearings Officer found that the opponent, Reschke Pty Ltd, had been unsuccessful under each of the grounds of opposition pressed. Consequently, pursuant to section 55 of the Act, the Hearings Officer decided that the trade mark application could proceed to registration one month from the date of the decision. The Hearings Officer also directed that if a notice of appeal was served, registration would be stayed pending the outcome of any appeal. As Red Bull GmbH was the successful party, costs were awarded against the opponent.