Vina Concha Y Toro SA v Southcorp Brands Pty Limited

In this matter before the Registrar, Vina Concha Y Toro SA (the Opponent) opposed the registration of a trade mark by Southcorp Brands Pty Limited (the Applicant). The Opponent relied on its registered trade mark, CASILLERO DEL DIABLO, and its use in Australia. The Applicant's trade mark application was for "Dos Diablos".

The primary legal issue before the Registrar was whether the Opponent had established any grounds for opposing the Applicant's trade mark application. This involved considering the evidence presented by both parties regarding the use and recognition of the Opponent's trade mark in Australia.

The Registrar considered the evidence of use of the CASILLERO DEL DIABLO trade mark, noting its first use in Australia in 1993 and continuous use since then, including sales through a large retail network and features in wine industry publications. However, the Registrar concluded that the Opponent had not established any ground of opposition to the Applicant's trade mark application.

Consequently, the Registrar decided that the Applicant's trade mark application could proceed to registration one month from the date of the decision, unless an appeal was filed. The Registrar also ordered that the Opponent pay the Applicant's costs.