Universal Protein Supplements Corporation v Orhan Nuredin

Universal Protein Supplements Corporation opposed the registration of two trade mark applications, numbers 2224286 and 2224287, filed by Orhan Nuredin for the marks "THE ANIMAL LIFE" and "THE ANIMAL LIFE" (figurative) in classes 3 and 5. The opposition was heard by Timothy Brown.

The central legal issue before the court was whether the opponent, Universal Protein Supplements Corporation, had established prior use of its trade marks in Australia such that it would be deceptive or confusing to register the applicant's marks. This involved assessing the extent and nature of the opponent's use of its trade marks in the Australian market, including through its distributors and marketing activities.

The court considered evidence of the opponent's long-standing distribution arrangements in Australia, commencing with EMI Nutrition Pty Ltd and continuing with Glanbia PLC. This evidence included wholesale sales records, distributor price lists, and promotional materials from trade shows and online platforms. The court also examined the opponent's extensive marketing efforts, such as social media promotion and participation in Australian fitness expos, which demonstrated significant use of its trade marks on various products, including protein powder and apparel. In contrast, the applicant, Orhan Nuredin, claimed to have conceived of "THE ANIMAL LIFE" in late 2020 and first used it on sports apparel and fitness equipment in June 2021, with supporting evidence of use on similar items.