Team Building Holdings Pty Ltd v Noosa Brewing Company Pty Ltd

This matter concerned an opposition by Noosa Brewing Company Pty Ltd (the Opponent) to the registration of a trade mark by Team Building Holdings Pty Ltd (the Applicant). The dispute arose from the Applicant's attempt to register the trade mark 'Noosa Brewing Co'. The Opponent argued that the Applicant's proposed trade mark should not be registered. The decision was made by M. Cooper, a Hearing Officer and Delegate of the Registrar of Trade Marks.

The court was required to determine whether any of the grounds of opposition raised by the Opponent under sections 41, 42(b), 44, 58A, 58, 60, and 62A of the relevant Act had been established. The onus was on the Opponent to prove these grounds on the balance of probabilities, with the relevant date for assessment being the filing date of the application, 1 November 2017. A key issue was whether the Applicant's trade mark was capable of distinguishing its goods and services from those of other persons, particularly in light of the Opponent's prior use and the descriptive nature of the proposed mark.

The Hearing Officer found that the Opponent had failed to establish any of the grounds of opposition. The evidence indicated that the Opponent had only commenced using 'Noosa Brewing Co' on social media in April 2018, having previously used 'Noosa Beer Co.'. Furthermore, the Hearing Officer noted the existence of other registered trade marks incorporating 'beer' or 'brewing' with a descriptive location. The Applicant's evidence, including the registration of domain names and steps taken to establish its brewery, was considered. Consequently, the Hearing Officer decided to allow the trade mark to proceed to registration, subject to a one-month period for any appeal. The Opponent was ordered to pay the Applicant's costs.