SUBMISSION TO OBJECT TO TERMS PROPOSED BY THE EUROPEAN UNION FOR PROTECTION AS GEOGRAPHICAL INDICATIONS IN AUSTRALIA

Submitter’s contact information

Name: Shawna Morris

Company represented, including ACN or ABN, if any: Consortium for Common Food Names (CCFN)

Other representative:

E-mail address: [email protected]

Mailing address: 2107 Wilson Blvd., Suite 600, Arlington, VA, 22201, United States of America Phone number: +1 (703) 528-4818

EU GI name you are objecting to (please use a new form for each term objected to)

PARMIGIANO REGGIANO

Ground(s) of objection to the protection of the EU GI name (please tick all the grounds that apply)

1. The EU GI name is used in Australia as the common name for the relevant good. X (See details below regarding grounds for our objection based on this element.)

2. The EU GI name is used in Australia as the name of a plant variety or an animal breed. (Please provide any relevant information that shows the name is also a plant variety or animal breed, such as studies, articles, copies of websites or any other relevant information)

3. The EU GI name is identical to, or likely to cause confusion with a trade mark or geographical indication that is registered or the subject of a pending application in Australia. (Please include the details of the GI or the trade mark including the trade mark number)

4. The EU GI name is identical, or likely to cause confusion with, an unregistered trade mark or geographical indication that has acquired rights through use in Australia. (Please identify the trade mark or GI and provide information that demonstrates how it is being used in the Australian marketplace.)

5. The EU GI name contains or consists of scandalous matter. (Please identify examples of how the name could be used in an offensive manner and who it would be offensive to.)

Information or evidence supporting objection

1. The Opponent, the Consortium for Common Food Names (“CCFN”), is an independent, international non-profit alliance whose goal is to work with leaders in agriculture, trade, and intellectual property rights to foster the adoption of high standards and model geographical indication guidelines throughout the world. It is committed to working closely with all stakeholders as well as policymakers in the world to assist in amongst others, developing a clear and reasonable scope of protection for geographical indications as well as to foster adoption of a high-standard and model geographical indication guidelines worldwide.

2. The registration of “Parmigiano Reggiano” may impact the use of the common name of a cheese (“parmesan”) and therefore it should only be registered in a manner that makes fully clear that the scope of protection for the GI does not in any way limit the rights of all to continue to use the generic term “parmesan”. If such a limitation/clarification cannot be provided, then the GI should not be registered. Only through this approach is it possible to ensure that misunderstandings do not arise that would limit stakeholders’ (located in Australia or in Australia’s trading partners) abilities to use the generic term “parmesan”. In support of ground number 1 (the EU GI name is used in Australia as the common name for the relevant good) above, CCFN presents the following evidence and information in support:

• In Australia there are several producers which commercialized “parmesan” cheese products, including through sales at well-known supermarkets like Coles and Woolworths, examples of the products sold in these retailers can be found in Exhibit 1 as well as a non-exhaustive list of producers in Australia.

• “Parmesan cheese" has been recognized as a common name of cheese and it is accepted as a description of designated goods in trademark law that defines the range of rights. For example, "parmesan cheese" is a designated product in the following trademark registration in Australia:

Number Words Status 1680919 SARTORI PARMESAN Registered: Registered/protected 1999987 KRAFT PARMESAN Pending CHEESE

• "Parmesan" is claimed as a good in several current trade mark registrations in Australia, the details of which are set out in Annexure A. The earliest registration dates from 1986. The registrants include Australian registrants and other registrants from outside the EU PDO "parmigiano reggiano" region in Italy. These

indicate that at least as early as1986, the term was regarded as a common name for a style of cheese in Australia by Australian and European producers alike.

• "Parmesan" is included in the name of a category for the Sydney Royal Cheese & Dairy Produce Show, the 2019 winners of which included Beston Pure Foods' Edwards Crossing Parmesan and Lion Dairy & Drink's South Cape Parmesan.

• In the Trade Marks Office's decision in the opposition Consorzio Per La Tutela Del Formaggio Asiago v Sartori Company [2018] ATMO 64 (4 May 2018) at ¶19 concerning the SARTORI ASIAGO trade mark, the hearings officer found at [19]:

“:... there is no reason to suppose that such consumers considered the term ["asiago"] to be anything other than simply a descriptive term for the particular type of cheese, just like parmesan, mozzarella, ricotta or mascarpone.” (emphasis added).

• A Victorian Government Gazette of 8 November 1951 (http://www.austlii.edu.au/au/other/vic_gazette/1951/1088/1951_7398.pdf) specified post-war pricing for cheese products including "Allowrie Parmesan." ALLOWRIE is a dairy brand which has been offered in Australia for decades.

• Australia media articles are listing “parmesan” as a type of cheese, including references to it being made in Australia, that’s at threat of restriction. In these media reports there are references to both Australian production and at times production in other countries as well. Link to the articles can be found in Exhibit 2.

• Around the world, “parmesan” has been produced and sold using this term as a generic name for a type of cheese. It has been used extensively by many cheese manufacturers. For example, in the United States, Argentina, Brazil, Canada, New Zealand, Mexico, Uruguay, among others. In Exhibit 3 a non-exhaustive list of companies that offer cheeses under the generic term “parmesan” can be found. Pages from each of the websites showing use of the generic terms is also attached as part of Exhibit 3. It is important to note that each of these websites can be accessed by the Australian consumer.

• In one of Australia’s free trade agreement partners, the United States Food and Drug Administration has established what are known as standards of identity (SOIs). SOIs establish the common name for a food and define the basic nature of that food and its ingredients. The US Code of Federal Regulations Title 21--

FOOD AND DRUGS, CHAPTER I--FOOD AND DRUG ADMINISTRATION, SUBCHAPTER B--FOOD FOR HUMAN CONSUMPTION establishes the production process of “parmesan” cheese. A copy of the relevant section of the code is attached as Exhibit 4. This SOI, in addition to establishing “parmesan” as the product name for this type of cheese for production in the United States, would also apply to any “parmesan” cheese imported from non-United States countries, including Australia. Given that Australia is a significant exporter of cheese to the United States, Australian exporters of cheese to the United States would be familiar with the fact that “parmesan” is considered a generic term for a type of cheese and not a cheese from a specific geographic location. See Exhibit 5 showing cheese exports to the United States from Australia.

• In the Harmonized Tariff Schedule of the United States (HTSUS), also referred to as the Harmonized Tariff Schedule of the United States Annotated (HTSA), the primary resource for determining tariff (customs duties) classifications for goods imported into the United States, “parmesan” is listed, implicating that this type of cheese can be produce anywhere in the world. The codes under which “parmesan” can be imported to the U.S. are 04061054, 04062051, 04062077, 040630771, 04069031, 04069036, 04069041 and 04069066. As noted above, this is information Australian cheese exporters would have available and be aware of. The US tariff schedule can be found in Exhibit 6.

• Even the European Union has a documented record of previously treating “parmesan” as a generic term for a type of cheese as evidenced by the fact that “parmesan” is listed in the EU tariff schedule. The Integrated Tariff of the European Community (“TARIC”) applies to all members of the EU and contains more than 14,000 codes for goods. TARIC designates the tax rate for each code of imported goods, other fees payable upon import, and licenses/special licenses (if requested) for importing goods into the EU from countries all around the world, including from Australia. “Parmesan” cheese is listed in TARIC under code 04069061 and can be found in Exhibit 7. If “parmesan” was not a type of cheese and could only be produced under the EU geographical indication for “parmesan”, there would be no need to include the term in the tariff schedule.

• In most EU FTAs the registration of the GI Parmigiano Reggiano has been accompanied by clarifications that the registration of this GI does not infringe upon the rights of others to use the generic term “parmesan” (including in Guatemala, El Salvador, Honduras, Vietnam, Japan, South Korea, Canada, Colombia, Peru) and

we strongly urge Australia to likewise specifically provide assurances that a registration of the GI Parmigiano Reggiano will not restrict in any way the ability of any company to use the term “parmesan”. Listed below are examples of how the EU clarified that the use of “parmesan” can be used as the name of that style of hard cheese. Support for the list below can be found in Exhibit 8:

EU Clarification in FTAs COUNTRY STATUS

Canada While “Parmigiano Reggiano” is a registered geographical indication, the EU-Canada Comprehensive Free Trade Agreement (CETA) provides that “parmesan” is one of the exceptions to the list of geographical indications to be registered and protected, and use of the same shall not prejudice the right of any person to use, or to register in Canada a trademark containing or consisting of “parmesan” so long as it does not mislead the public to the geographical origin of the product. Japan While “Parmigiano Reggiano” is registered as a geographical indication in Japan, the Japanese Ministry of Agriculture, Forestry and Fisheries (MAFF) has clarified that “parmesan” is considered as a generic term and it is possible to use “parmesan” as long as it does not cause confusion.

Korea While “Parmigiano Reggiano” is registered in Korea as a geographical indication, it is acknowledged that “parmigiano”, as one of the components of the said geographical indication, would not be protected when used on its own and any possible translations or transliteration are not covered by the protection afforded to the actual registration. In particular and in the letter from Ministry for Trade and Ministry of Foreign Affairs and Trade, Seoul, Korea to the US Trade Representative dated 20 June 2011, it is stated that: the Government of Korea understands that any restrictions or components that it may impose on the use of the compound terms would pertain only to the protection of the compound terms in their entirety. In other words, the individual components of the compound terms, for example,…“parmigiano” … themselves including their

translation or transliteration, are not the objects of GI protection under the Korea-EU FTA.

Vietnam Under Annex 12-A of the EU-Vietnam FTA, there is a list of geographical indications to be registered and it is noted that “parmesan” is exempt from restriction. While “Parmigiano Reggiano” is on the list as a protected GI, the FTA states: The provisions of Article 6 shall in no way prejudice the right of any person to use, or to register in Viet Nam a trademark containing or consisting of the term "parmesan". Honduras While “Parmigiano Reggiano” has been registered as a GI, the government of Honduras has clarified the generic status of individual terms via public notices. Among the terms clarified as being generic is “parmesano” (the Spanish language term for “parmesan”).

• The concern that protection of "parmigiano reggiano" in Australia might indirectly operate to prevent use of the common name "parmesan" if appropriate clarifications or limitations for the common name "parmesan" are not provided is demonstrated by the European Court of Justice decision in Case C-132/05 Commission of the European Communities v Federal Republic of Germany: https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:62005CJ0132&from=EN.

• The United States and Australia brought a World Trademark Organization dispute resolution procedure (DS174; DS290) against the EU’s geographical indication protection regime (the predecessor to the current EU protection regime). The EU defended its protection of geographical indications even when those protections would be in conflict with prior trademark rights. The EU was successful in defending its geographical indication regime based solely on the grounds that use of the geographical indications registered pursuant to that regime would be considered a “fair use” under Article 17 of the TRIPS Agreement. It is striking that the EU now tries to deny the “fair use” of generic terms based on those same geographical indications. Specifically, the EU stated: “Moreover, Article 17 [of the TRIPS Agreement] mentions expressly as an example of "limited exception" the "fair use of descriptive terms". Geographical indications are "descriptive terms"…. The use of a geographical indication in order to indicate the true origin of the goods and the characteristic associated to that origin is certainly a "fair" use of that

descriptive term.”

WT/DS174/R/Add.2 Annex B-2, page B-81, ¶318 174RA2-01.pdf This bad faith action on the part of the EU clearly indicates that its efforts to protect “Parmigiano Reggiano” as a geographical indication in a manner that does not include a disclaimer for the use of “parmesan” in Australia is nothing more than an attempt to monopolize generic terms for the benefit of its producers and to the detriment of other producers from around the world and to the detriment of Australian supply chain purchasers and consumers who would be denied greater competition and more choices of cheese products.

• The pursuit of protection for this EU GI despite clear evidence – and in particular trademarks accepted by the Australian government via its IP Office that note parmesan as the goods covered by trademarks – of the common name status of “parmesan” is imposing costly burdens on companies by forcing businesses (directly or via associations) to object to this GI to avoid negative impacts. Registration of the GI would compound this harm, resulting in heavy burdens on Australian food manufacturers/suppliers/importers, as well as on companies in Australia’s trade partners, who are simply trying to continue to sell their products and maintain market access opportunities already established by Australia, whether domestically or via market access rights granted under prior FTAs such as the U.S.-Australia FTA. Granting protection for the term “Parmigiano Reggiano” as a GI without providing the proper clarification that “parmesan” is free to continue to use would be highly disruptive in terms of their continued sales and maintenance of future sales opportunities for this product type.

• Protection of EU GIs will give GI holders effectively “permanent” protection as a result of the typical nature of GI protection as well as wide ranging enforcement rights against the use of common names as ingredients (which extends beyond the usual scope of trademark rights), as well as the ability to enforce protected GIs against what the EU asserts to be “deceptively similar” names, which could capture additional common names, names that include only part of the GI or part of the English translation of the foreign name. EU trademark owners can already obtain protection for their specific registered marks in Australia and should be required to pursue the exact same process open to all other mark applicants already. It is entirely inappropriate for Australia to contemplate granting EU producers special

privileges that they could not win through use of the trademark system on the independent merits of their own applications.

3. For the foregoing reasons, we respectfully request that the term PARMIGIANO REGGIANO be denied protection as a geographical indication in Australia unless it is registered in a manner that makes fully clear that the scope of protection for the GI does not in any way limit the rights of all to continue to use the generic term “parmesan”.

Annexure A – Current Australian trade mark registrations for goods including "parmesan"

Australia Mark Number Owner Filing Date Classes/Goods and Services Status NANDA 565935 Nanda Pasta Pty 25 OCT 1991 Class: 42 Services connected with retailing and wholesaling Registered Ltd, Rinoldi Pasta activities, in relation to cereal products including wheat (Renewal Due Pty Ltd products, semolina, polenta, pasta, pasta products, pre- Date 25 OCT packaged pasta meals and sauces for use with pasta; 2028) retailing and wholesaling of Italian cuisine including soups, pizza and pizza bases, pre-packaged rice and rice dishes such as risotto, sauces for use with risotto, pre-packaged beans and vegetables, seafood, herbs and spices, capers, nuts and garlic, oil, vinegar and salad dressing, pre-packaged cheese, such as parmesan and mozzarella cheese and desserts and ice cream; services rendered by establishments engaged in the preparation and sale of such foodstuffs and/or drinks in particular pasta, pasta products, sauces for use with pasta, pre-packaged pasta meals and other Italian cuisine but not including services rendered by restaurants and take away food establishments. NANDO'S 817125 Nando's Limited 10 DEC 1999 Class: 29 Meat, fish, poultry and game; meat extracts; Registered preserved, dried and cooked fruits and vegetables; salads, (Renewal Due including vegetable salads; jellies, jams, eggs, milk, milk Date 10 DEC products and other dairy products; edible oils and fats; 2029) preserves, pickles, herbs; flavourings, sauces, marinades and

Australia Mark Number Owner Filing Date Classes/Goods and Services Status seasonings for meat, fish, poultry and game, vegetables, and salads; pre-prepared uncooked, semi- cooked and cooked foods and snacks of all kinds, including those prepared from meat, fish, poultry, game and vegetables, combinations and products thereof; hamburgers, pies and hotdogs having meat, fish, poultry or vegetable fillings; excluding pasta products, pre- packaged Italian style soups, Italian style salad dressing and Italian style cheese such as parmesan and mozzarella cheese NANDO'S PERI- 862183 Nando's Limited 04 JAN 2001 Class: 29 Meat, fish, poultry, game and products thereof, Registered PERI including marinated and grilled chicken, burgers; fruit salad (Renewal Due and vegetable salad; gravies, flavourings, sauces included in Date 04 JAN this class; milk and milk products; edible oils and fats; 2021) preserved meat, chicken, fish and vegetables; spreads and dips having a base of meat, chicken, fish and vegetables; preserves, pickles; excluding pasta sauces, pre-packaged Italian style cheese such as parmesan and mozzarella cheese Class: 30 Sugar, confectionery, salt, mustard; vinegar (other than Italian style vinegar); spices and sauces (condiments) excluding Italian style salad dressing, pasta sauces and pre- packaged Italian style spices; rice excluding Italian style rice and Italian rice dishes; flour and preparations made from

Australia Mark Number Owner Filing Date Classes/Goods and Services Status cereals, bread and pastry excluding pasta and pasta products (including pre-packaged pasta meals) 951050 Pabulum Media 16 APR 2003 Class: 8 Hand tools and implements (hand operated); Registered Ltd (Priority Date: tableware; cutlery; knives, forks and spoons; ladles; vegetable (Renewal Due 18 OCT 2002) choppers, shedders and slicers; sugar tongs; manicure sets; Date 16 APR nail files; pedicure sets; cuticle nippers; cuticle tweezers; non- 2023) electric hand implements for hair curling; crimping irons; curling tongs; ear piercing apparatus; scissors; penknives; razors; side arms Class: 9 Measuring spoons and measuring cups Class: 11 Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes; cooking apparatus and installations; cookers; stoves; ovens; bakers' ovens; barbecues: electric cooking utensils; hot plates; plate warmers; toasters; griddles; grills; electric saucepans; electric pressure cooking saucepans; roasters; rotisseries; electric coffee machines, filters, percolators and roasters; tea makers; bread makers; electric appliances for making yoghurt; ice cream makers; popcorn makers; candy floss makers; refrigerating apparatus and machines; refrigerators: freezers; lighting apparatus and installations; ceiling lights; chandeliers; lamps; lampshades;

Australia Mark Number Owner Filing Date Classes/Goods and Services Status lanterns; electric lamps; fairy lights; drying apparatus; hair driers; fans; electric blankets; bath fittings Class: 14 Household containers of precious metals; kitchen containers of precious metals; storage jars of precious metals; cake tins and baking trays of precious metal; trays of precious metals; coffee services of precious metals; tea services of precious metals; tableware services of precious metals; table plates of precious metals; dishes of precious metals; salt and pepper pots of precious metals; lemon squeezers of precious metals; nutcrackers of precious metals; precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; costume jewellery; cufflinks; tie clips; keyrings; trinklets; horological and chronometric instruments; clocks and watches; alarm clocks; wristwatches; ornaments of precious metals; candlesticks of precious metals Class: 21 Glassware, porcelain and earthenware not included in other classes; household or kitchen utensils, tools and containers (not of precious metal or coated therewith); earthenware; ceramics for household purposes; containers for household or kitchen use (not of precious metal); utensils for household purposes; dishes; vegetable dishes; saucepans;

Australia Mark Number Owner Filing Date Classes/Goods and Services Status jugs, cruets; jars; storage jars (not of precious metal); pasta jars; cookie jars; non-electric cooking utensils; cooking pots; griddles; pans; basins; bowls, including mixing bawls; bread bins, bread boards, chopping boards for domestic use; egg cups not of precious metal; juice extractors, including citrus extractors; graters; cheese graters, including parmesan graters; butter dishes; colanders; whisks for domestic use; basting spoons; non- electric blender for household purposes; coffee services not of precious metal; tea services not of precious; kettles; non-electric coffee filters, grinders, percolators; non-electric coffee pots; trays for domestic purposes not of precious metals; cookery moulds; biscuit cutters; pie servers; confectioners decorating bags; pastry bags; glassware; crockery; cups; mugs; glasses; drinking glasses; wine glasses; beer mugs; bottles; corkscrews; bottle, jar and tin openers; dustbins; articles for cleaning purposes; carpet sweepers; brooms, brushes; buckets; steel wool; baskets for domestic use; ironing boards; soap boxes; unworked or semi-worked glass (except glass used in building); works of art of porcelain, terracotta or glass; pottery; vases; china ornaments; flowerpots; candlesticks not of precious metals; perfume burners; perfume sprayers; perfume

Australia Mark Number Owner Filing Date Classes/Goods and Services Status vaporisers; cosmetic utensils; powder puffs; powder compacts not of precious metals; combs; sponges; brushes (except paint brushes); brush-making materials Class: 24 Textiles and textile goods, not included in other classes; bed linen; bedclothes; bedspreads; quilts; eiderdowns; blankets; pillowcases; rugs; bath linen; towels; cloth napkins for removing make up; table linen; table covers; covers for cushions SACLA' 1065296 F.LLI Sacla' S.p.A. 18 JUL 2005 Class: 29 Preserved vegetables; vegetables preserved in oil, Registered including preserved mushrooms, artichokes, mixed beans, (Renewal Due preserved peppers, vegetables and sundried tomatoes; Date 18 JUL preserved olives, tomato paste, tomato puree; tapenades, 2025) including green olives tapenade, black olives tapenade; vegetable toppings Class: 30 Sauces, including vegetable sauces, sauces made of basil, sundried tomatoes, olives, peppers and artichokes, tomato sauces, sauces for pasta, pesto sauces, sauces made of cherry tomato and parmesan, cherry tomato, olives and garlic, mixed meats and tomato, tuna, tomato and olives 1065298 F.LLI Sacla' S.p.A. 18 JUL 2005 Class: 29 Preserved vegetables; vegetables preserved in oil, Registered

including preserved mushrooms, artichokes, mixed beans, preserved peppers, vegetables and sundried tomatoes;

Australia Mark Number Owner Filing Date Classes/Goods and Services Status preserved olives, tomato paste, tomato puree; tapenades, (Renewal Due including green olives tapenade, black olives tapenade; Date 18 JUL vegetable toppings 2025) Class: 30 Sauces, including vegetable sauces, sauces made of basil, sundried tomatoes, olives, peppers and artichokes, tomato sauces, sauces for pasta, pesto sauces, sauces made of cherry tomato and parmesan, cherry tomato, olives and garlic, mixed meats and tomato, tuna, tomato and olives MAINLAND 1250149 New Zealand Milk 07 JUL 2008 Class: 29 Dairy products; dairy based beverages and Registered Brands Limited powders; milk; milk products; liquid milk and powdered milk; (Renewal Due condensed milk; milk beverages (milk predominating) Date 07 JUL including flavoured and fortified milk beverages; milk 2028) substitutes in this class; cheese and cheeses, including cheddar, ricotta, parmesan, feta, havarti, haloumi, cottage cheese, cream cheese, soft and hard cheeses; cheese products; cultured dairy products, including sour cream and creme fraiche; dessert products in this class (dairy predominating); flavoured dairy desserts; custard in this class; cream; yoghurt; yoghurt for drinking; yoghurt based drinks; food spreads and food preserves in this class; jellies for food; dairy based spreads; edible oils and fats; blends of edible oils and fats with dairy products; products included in this class

Australia Mark Number Owner Filing Date Classes/Goods and Services Status consisting wholly or principally of edible oils or of edible fats for use in creaming coffee and like drinks; butter; butter blends; butter cream; margarine; products used as ingredients in the production of foodstuffs; preserved, prepared, processed, dried, cooked, salted, pickled and tinned vegetables, including sundried tomatoes, pickled mushrooms and olives; herbs in this class; cheese containing herbs; combinations of cheese and/or vegetables and/or herbs, including spreads and snack foods made from these ingredients; vegetable purees and concentrates; whey; casein; all included in class 29 POWERPROTEIN 1271596 Fonterra TM 11 NOV 2008 Class: 29 Dairy products in this class; dairy based beverages Registered Limited (Priority Date: and powders; milk; uht milk; milk products; milk protein; (Renewal Due 11 JUL 2008) condensed milk; milk powder; dried milk; milk beverages Date 11 NOV including flavoured and fortified milk beverages (milk 2028) predominating); milk substitutes in this class; cream; edible oils and fats; blends of edible oils and fats with dairy products; butter; butter blends; butter cream; margarine; food spreads including blends of margarine, butter and other edible oils; products included in this class consisting wholly or principally of edible oils or of edible fats for use in creaming coffee and like drinks; food and dietary supplements for human

Australia Mark Number Owner Filing Date Classes/Goods and Services Status consumption (other than medicated, or predominantly of vitamins, minerals or trace elements); proteins and protein products for human consumption; products used as ingredients in the production of foodstuffs; cheese and cheeses, including cheddar, ricotta, parmesan, feta, havarti, haloumi, cottage cheese, cream cheese, soft and hard cheeses; cheese products; cultured dairy products including sour cream and creme fraiche; yoghurt; yoghurt for drinking; yoghurt based drinks; dessert products in this class (dairy predominating); flavoured dairy desserts; custard in this class; whey; whey protein; whey protein isolate; casein; food spreads and food preserves in this class including food spreads consisting principally of dairy products; food preserves in this class; jellies for food GOOD THINGS 1314902 New Zealand Milk 13 AUG 2009 Class: 29 Cheese and cheese products including soft and Registered TAKE TIME Brands Limited (Priority Date: hard cheeses, blue cheese, brie, camembert, parmesan, feta, (Renewal Due 17 JUL 2009) havarti, gruyere, mozzarella, gouda, edam and colby cheese; Date 13 AUG flavoured cheeses including flavoured camembert, cracked 2029) pepper cheese and herb triple cream cheese; cheddar cheese including mild, tasty, strong, organic and vegetarian cheddar CHESDALE 1321429 New Zealand Milk 18 SEP 2009 Class: 29 Dairy products in this class; dairy based beverages Registered Brands Limited and powders; milk; uht milk; milk products; condensed milk;

Australia Mark Number Owner Filing Date Classes/Goods and Services Status milk powder and dried milk; milk substitutes in this class; milk (Renewal Due beverages including flavoured and fortified milk beverages Date 18 SEP (milk predominating); cream (dairy products); butter; edible 2029) oils and fats; margarine and food spreads including blends of margarine, butter and other edible oils; products included in this class consisting wholly or principally of edible oils or of edible fats for use in creaming coffee and like drinks; food and dietary supplements for human consumption (other than medicated, or predominantly of vitamins, minerals or trace elements); proteins and protein products for human consumption; cheese and cheeses including cheddar, ricotta, parmesan, feta, havarti, haloumi, cottage cheese, cream cheese, soft and hard cheeses; cheese products; processed cheese; cheese spreads; cheese dips; snack products in this class; cultured dairy products including sour cream and cream fraiche; yoghurt; yoghurt for drinking; dessert products in this class (milk and dairy products predominating); flavoured dairy desserts; whey; casein; food spreads consisting principally of dairy products; food preserves in this class; jellies for food; custard in this class

Australia Mark Number Owner Filing Date Classes/Goods and Services Status MAINLAND 1337502 New Zealand Milk 18 DEC 2009 Class: 29 Dairy products in this class; dairy based beverages Registered SHARP & LIGHT Brands Limited (Priority Date: and powders; milk; UHT milk (ultra high temperature milk); (Renewal Due 17 DEC 2009) ESL milk (extended shelf life milk); milk products; condensed Date 18 DEC milk; milk concentrate; milk powder and dried milk; milk 2019) substitutes in this class; milk beverages including flavoured and fortified milk beverages (milk predominating); cream (dairy products); butter; edible oils and fats; margarine and food spreads including blends of margarine, butter and other edible oils; butter cream; products included in this class consisting wholly or principally of edible oils or of edible fats for use in creaming coffee and like drinks; food and dietary supplements for human consumption (other than for medical use or other than predominantly of vitamins, minerals or trace elements); proteins and protein products for human consumption; cheese and cheeses including cheddar, ricotta, parmesan, feta, havarti, haloumi, cottage cheese, cream cheese, soft and hard cheeses; cheese products; processed cheese; cheese spreads; blended cheese; cheese dips; cheese containing herbs; combinations of cheese and/or vegetables and/or herbs, including spreads and snack foods made from these ingredients; snack products in this class; cultured dairy products including sour cream and cream

Australia Mark Number Owner Filing Date Classes/Goods and Services Status fraiche; yoghurt; yoghurt for drinking; yoghurt based drinks; dessert products in this class (milk and dairy products predominating); flavoured dairy desserts; whey; casein; food spreads consisting principally of dairy products; food preserves in this class; jellies for food; custard in this class

1363053 Fonterra TM 24 MAY 2010 Class: 29 Dairy products in this class; dairy based beverages Registered Limited (Priority Date: and powders; milk; UHT milk (ultra high temperature milk); (Renewal Due 22 FEB 2010) ESL milk (extended shelf life milk); milk products; condensed Date 24 MAY milk; milk concentrate; milk powder and dried milk; milk 2020) substitutes in this class; milk beverages including flavoured and fortified milk beverages (milk predominating); cream (dairy products); butter; edible oils and fats; margarine and food spreads including blends of margarine, butter and other edible oils; butter cream; products included in this class consisting wholly or principally of edible oils or of edible fats for use in creaming coffee and like drinks; food and dietary supplements for human consumption (other than medicated, or predominantly of vitamins, minerals or trace elements); proteins and protein products for human consumption; cheese and cheeses including cheddar, ricotta, parmesan, feta, havarti, haloumi, cottage cheese, cream cheese, soft and hard cheeses; cheese products; processed cheese; cheese

Australia Mark Number Owner Filing Date Classes/Goods and Services Status spreads; blended cheese; snack products in this class; cultured dairy products including sour cream and cream fraiche; yoghurt; yoghurt for drinking; yoghurt based drinks; dessert products in this class (milk and dairy products predominating); flavoured dairy desserts; whey; casein; food spreads consisting principally of dairy products; food preserves in this class; jellies for food; custard in this class Class: 39 Transportation and delivery of goods and people; land transportation services; providing data relating to the transport of goods and people; valet services; consultancy, advisory and information services relating to the foregoing LEANER 1363054 Fonterra TM 24 MAY 2010 Class: 29 Dairy products in this class; dairy based beverages Registered GREENER AND A Limited (Priority Date: and powders; milk; UHT milk (ultra high temperature milk); (Renewal Due WHOLE LOT 22 FEB 2010) ESL milk (extended shelf life milk); milk products; condensed Date 24 MAY CLEANER milk; milk concentrate; milk powder and dried milk; milk 2020) substitutes in this class; milk beverages including flavoured and fortified milk beverages (milk predominating); cream (dairy products); butter; edible oils and fats; margarine and food spreads including blends of margarine, butter and other edible oils; butter cream; products included in this class consisting wholly or principally of edible oils or of edible fats for use in creaming coffee and like drinks; food and dietary

Australia Mark Number Owner Filing Date Classes/Goods and Services Status supplements for human consumption (other than medicated, or predominantly of vitamins, minerals or trace elements); proteins and protein products for human consumption; cheese and cheeses including cheddar, ricotta, parmesan, feta, havarti, haloumi, cottage cheese, cream cheese, soft and hard cheeses; cheese products; processed cheese; cheese spreads; blended cheese; snack products in this class; cultured dairy products including sour cream and cream fraiche; yoghurt; yoghurt for drinking; yoghurt based drinks; dessert products in this class (milk and dairy products predominating); flavoured dairy desserts; whey; casein; food spreads consisting principally of dairy products; food preserves in this class; jellies for food; custard in this class Class: 39 Transportation and delivery of goods and people; land transportation services; providing data relating to the transport of goods and people; valet services; consultancy, advisory and information services relating to the foregoing 1400704 New Zealand Milk 20 DEC 2010 Class: 29 Dairy products in this class; dairy based beverages Registered Brands Limited and powders; milk; uht milk; milk products; condensed milk; (Renewal Due

milk powder and dried milk; milk substitutes in this class; milk Date 20 DEC beverages including flavoured and fortified milk beverages 2020) (milk predominating); cream (dairy products); butter; edible

Australia Mark Number Owner Filing Date Classes/Goods and Services Status oils and fats; margarine and food spreads including blends of margarine, butter and other edible oils; products included in this class consisting wholly or principally of edible oils or of edible fats for use in creaming coffee and like drinks; food and dietary supplements for human consumption (other than medicated, or predominantly of vitamins, minerals or trace elements); proteins and protein products for human consumption; cheese including cheddar, colby, edam, gouda, tasty, ricotta, parmesan, feta, havarti, haloumi; soft and hard cheeses; cottage cheese; cream cheese; cheese products; processed cheese; cheese spreads; cheese dips; snack products in this class; cultured dairy products including sour cream and cream fraiche; yoghurt; yoghurt for drinking; dessert products in this class (milk and dairy products predominating); whey; casein; food spreads consisting principally of dairy products; food preserves in this class; jellies for food; custard in this class; food dips in this class 1400709 New Zealand Milk 20 DEC 2010 Class: 29 Dairy products in this class; dairy based beverages Registered Brands Limited and powders; milk; uht milk; milk products; condensed milk; (Renewal Due milk powder and dried milk; milk substitutes in this class; milk Date 20 DEC beverages including flavoured and fortified milk beverages 2020) (milk predominating); cream (dairy products); butter; edible

Australia Mark Number Owner Filing Date Classes/Goods and Services Status oils and fats; margarine and food spreads including blends of margarine, butter and other edible oils; products included in this class consisting wholly or principally of edible oils or of edible fats for use in creaming coffee and like drinks; food and dietary supplements for human consumption (other than medicated, or predominantly of vitamins, minerals or trace elements); proteins and protein products for human consumption; cheese including cheddar, colby, edam, gouda, tasty, ricotta, parmesan, feta, havarti, haloumi; soft and hard cheeses; cottage cheese; cream cheese; cheese products; processed cheese; cheese spreads; cheese dips; snack products in this class; cultured dairy products including sour cream and cream fraiche; yoghurt; yoghurt for drinking; dessert products in this class (milk and dairy products predominating); whey; casein; food spreads consisting principally of dairy products; food preserves in this class; jellies for food; custard in this class; food dips in this class 1400714 New Zealand Milk 20 DEC 2010 Class: 29 Dairy products in this class; dairy based beverages Registered Brands Limited and powders; milk; uht milk; milk products; condensed milk; (Renewal Due milk powder and dried milk; milk substitutes in this class; milk Date 20 DEC beverages including flavoured and fortified milk beverages 2020) (milk predominating); cream (dairy products); butter; edible

Australia Mark Number Owner Filing Date Classes/Goods and Services Status oils and fats; margarine and food spreads including blends of margarine, butter and other edible oils; products included in this class consisting wholly or principally of edible oils or of edible fats for use in creaming coffee and like drinks; food and dietary supplements for human consumption (other than medicated, or predominantly of vitamins, minerals or trace elements); proteins and protein products for human consumption; cheese including cheddar, colby, edam, gouda, tasty, ricotta, parmesan, feta, havarti, haloumi; soft and hard cheeses; cottage cheese; cream cheese; cheese products; processed cheese; cheese spreads; cheese dips; snack products in this class; cultured dairy products including sour cream and cream fraiche; yoghurt; yoghurt for drinking; dessert products in this class (milk and dairy products predominating); whey; casein; food spreads consisting principally of dairy products; food preserves in this class; jellies for food; custard in this class; food dips in this class 1504111 United Milk 24 JUL 2012 Class: 29 Dairy products in this class; dairy based beverages Registered Tasmania Pty and powders; milk; milk products; milk powder; milk protein; (Renewal Due Limited cream (dairy products); butter; edible oils; edible fats; cheese; Date 24 JUL whey; yoghurt; dessert products in this class (dairy products 2022) predominating) including custard; cultured dairy products;

Australia Mark Number Owner Filing Date Classes/Goods and Services Status cheese; cheddar, ricotta, parmesan, feta, havarti, haloumi and cottage cheese; cream cheese; soft cheese; hard cheese; cheese products; processed cheese; cheese spreads; cheese dips; food spreads consisting principally of dairy products; margarine; blends of butter; blends of edible oils' blends of edible fats 1603043 Nando's Limited 29 JAN 2014 Class: 29 Meat, fish, poultry and game; meat extracts; Registered

preserved, dried and cooked fruits, vegetables and meat; (Renewal Due salads including vegetable salads; soups, jellies, jams, eggs, Date 29 JAN milk, milk products and other dairy products; edible oils and 2024) fats; preserves, pickles; pre-prepared uncooked, semi-cooked and cooked foods, snacks of all kinds including those prepared from/made of meat, fish, poultry, game, fruits and vegetables and combinations and products thereof; burgers, pies and hotdogs having meat, fish, poultry or vegetable fillings, but excluding pasta products, pre-packaged Italian style soups, Italian style cheese such as parmesan and mozzarella cheese Class: 30 Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, biscuits, cakes, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard, pepper, vinegar,

Australia Mark Number Owner Filing Date Classes/Goods and Services Status sauces of all kinds; salad dressings; spices; mayonnaise but excluding pasta and pasta products (including pre-packaged pasta meals) and Italian styled salad dressings Class: 43 Restaurants, snack bars, cafeterias, road-houses, canteens, take-away or fast-food outlets; cafes and food kiosks; catering, food and beverage serving, restaurants chains, central kitchen (food preparation) services 1647692 Fonterra Co- 21 FEB 2014 Class: 1 Chemical substances; chemical materials; chemical Registered (IR operative Group preparations; casein for industrial purposes; compositions for (Renewal Due

No.12164 Limited use in food and beverages; casein for the food industry; Date 21 FEB 86) lactose for the food industry; milk ferments for chemical 2024) purposes; milk ferments for the food industry; protein [raw material] Class: 5 Pharmaceuticals; pharmaceutical preparations; veterinary preparations; probiotic preparations; bacterial preparations for medical use; biological preparations for medical use; bacterial preparations for nutritional purposes; biological preparations for nutritional purposes; cultures of micro-organisms for medical and veterinary use; dietetic foods adapted for medical use; dietetic substances adapted for medical use; dietetic beverages adapted for medical use; meal replacements adapted for medical use; dietetic foods

Australia Mark Number Owner Filing Date Classes/Goods and Services Status adapted for veterinary use; dietetic substances adapted for veterinary use; dietetic beverages adapted for veterinary use; food for babies; food for infants; milk powder for babies; milk powder for infants; dietary supplements; protein dietary supplements; protein supplements for animals; casein dietary supplements; dietary supplements for humans; dietary supplements for animals; vitamins for human consumption; vitamin formulations for human consumption; mineral supplements; mineral supplements for foodstuffs; dietary supplements intended to supplement a normal diet; dietary supplements intended to have health benefits; nutritional additives; nutritional supplements; nutritional cultures (cultures of micro-organisms for medical and veterinary use); probiotic cultures; probiotic substances; sanitary preparations for medical purposes; probiotic preparations for veterinary use; dietetic foods adapted for animal use; dietetic substances adapted for animal use; dietetic beverages adapted for animal use; vitamins for animal consumption; vitamin formulations for animal consumption; feed additives for animals; probiotic cultures for veterinary use; probiotic substances for veterinary use; bacterial cultures; bacteriological preparations for medical and veterinary use;

Australia Mark Number Owner Filing Date Classes/Goods and Services Status bacterial preparations for medical and veterinary use; vitamin preparations; albuminous preparations for medical purposes; food preparations adapted for medical purposes; food preparations adapted for medical use; lacteal flour; milk sugar (lactose for pharmaceutical purposes); lactose for pharmaceutical purposes; lacteal flour for babies; malted milk beverages for medical purposes; albuminous foodstuffs for medical purposes; nutritional additives for medical purposes; biological preparations for veterinary purposes; amino acids for veterinary purposes; teething (preparations to facilitate) Class: 29 Milk; milk products; dairy products included in this class; dairy-based beverages; dairy-based powders; UHT (ultra high temperature) milk; ESL (extended shelf life) milk; milk substitutes included in this class; milk concentrate; milk powder; milk protein; cream (dairy products); butter; yoghurt; dessert products included in this class (dairy products predominating); edible oils; edible fats; cheese; whey; meat; fish; poultry; game; preserved fruits; frozen fruits; dried fruits; cooked fruits; preserved vegetables; frozen vegetables; dried vegetables; cooked vegetables; jellies; jams; compotes; meat extracts; eggs; condensed milk; flavoured milk; flavoured milk powder; food spreads consisting principally of dairy products;

Australia Mark Number Owner Filing Date Classes/Goods and Services Status margarine; blends of butter; milk protein products; milk beverages (milk predominating); flavoured milk beverages (milk predominating); fortified milk beverages (milk predominating); milk powder containing nutritional additives (milk powder predominating); milk powder containing nutritional supplements (milk powder predominating); yoghurt beverages; flavoured yoghurt; yoghurt based desserts; cheddar cheese; ricotta cheese; parmesan cheese; feta cheese; havarti cheese; haloumi cheese; cottage cheese; cream cheese; soft cheese; hard cheese; cheese products; processed cheese; cheese spreads; blends of edible oils; blends of edible fats; albumin milk; gelatine for food; albumen for food; tofu; bean curd products; cream (whipped); acidophilus milk; kumys (milk beverage); kefir (milk beverage); buttercream; curd; rennet; koumiss (milk beverage); protein for human consumption; fatty substances for the manufacture of edible fats; soya milk; cocoa milk NZMP 1650144 Fonterra Co- 20 MAR 2014 Class: 1 Chemical substances; chemical materials; chemical Registered (IR operative Group preparations; natural elements; casein for industrial purposes; (Renewal Due No.12171 Limited compositions for use in food and beverages; casein for the Date 20 MAR 82) food industry; lactose for the food industry; chemical and 2024) chemical substances including protein products; chemical and

Australia Mark Number Owner Filing Date Classes/Goods and Services Status chemical substances including dairy by-products; chemical substances for preserving foodstuffs; adhesives for use in industry; adhesives for use in the foodstuffs industry; milk ferments for chemical purposes; milk ferments for the food industry; protein [raw material] Class: 5 Pharmaceuticals; pharmaceutical preparations; veterinary preparations; probiotic preparations; bacterial preparations for medical use; biological preparations for medical use; bacterial preparations for nutritional purposes; biological preparations for nutritional purposes; cultures of micro-organisms for medical and veterinary use; dietetic foods adapted for medical use; dietetic substances adapted for medical use; dietetic beverages adapted for medical use; meal replacements adapted for medical use; dietetic foods adapted for veterinary use; dietetic substances adapted for veterinary use; dietetic beverages adapted for veterinary use; food for babies; food for infants; milk powder for babies; milk powder for infants; dietary supplements; protein dietary supplements; protein supplements for animals; casein dietary supplements; dietary supplements for humans; dietary supplements for animals; vitamins for human consumption; vitamin formulations for human consumption; mineral

Australia Mark Number Owner Filing Date Classes/Goods and Services Status supplements; mineral supplements for foodstuffs; dietary supplements intended to supplement a normal diet; dietary supplements intended to have health benefits; nutritional additives; nutritional supplements; nutritional cultures (cultures of micro-organisms for medical and veterinary use); probiotic cultures; probiotic substances; sanitary preparations for medical purposes; probiotic preparations for veterinary use; dietetic foods adapted for animal use; dietetic substances adapted for animal use; dietetic beverages adapted for animal use; vitamins for animal consumption; vitamin formulations for animal consumption; feed additives for animals; probiotic cultures for veterinary use; probiotic substances for veterinary use; bacterial cultures; bacteriological preparations for medical and veterinary use; bacterial preparations for medical and veterinary use; vitamin preparations; albuminous preparations for medical purposes; food preparations adapted for medical purposes; food preparations adapted for medical use; lacteal flour; milk sugar (lactose for pharmaceutical purposes); lactose for pharmaceutical purposes; lacteal flour for babies; malted milk beverages for medical purposes; albuminous foodstuffs for medical purposes; nutritional additives for medical purposes;

Australia Mark Number Owner Filing Date Classes/Goods and Services Status biological preparations for veterinary purposes; amino acids for veterinary purposes; teething (preparations to facilitate) Class: 29 Milk; milk products; dairy products included in this class; dairy-based beverages; dairy-based powders; UHT (ultra high temperature) milk; ESL (extended shelf life) milk; milk substitutes included in this class; milk concentrate; milk powder; milk protein; cream (dairy products); butter; yoghurt; dessert products included in this class (dairy products predominating); edible oils; edible fats; cheese; whey; meat; fish; poultry; game; preserved fruits; frozen fruits; dried fruits; cooked fruits; preserved vegetables; frozen vegetables; dried vegetables; cooked vegetables; jellies; jams; compotes; meat extracts; eggs; condensed milk; flavoured milk; flavoured milk powder; food spreads consisting principally of dairy products; margarine; blends of butter; milk protein products; milk beverages (milk predominating); flavoured milk beverages (milk predominating); fortified milk beverages (milk predominating); milk powder containing nutritional additives (milk powder predominating); milk powder containing nutritional supplements (milk powder predominating); yoghurt beverages; flavoured yoghurt; yoghurt based desserts; cheddar cheese; ricotta cheese; parmesan cheese; feta

Australia Mark Number Owner Filing Date Classes/Goods and Services Status cheese; havarti cheese; haloumi cheese; cottage cheese; cream cheese; soft cheese; hard cheese; cheese products; processed cheese; cheese spreads; blends of edible oils; blends of edible fats; albumin milk; gelatine for food; albumen for food; tofu; bean curd products; cream (whipped); acidophilus milk; kumys (milk beverage); kefir (milk beverage); buttercream; curd; rennet; koumiss (milk beverage); protein for human consumption; fatty substances for the manufacture of edible fats; soya milk; cocoa milk FARM SOURCE 1681678 Fonterra TM 18 MAR 2015 Class: 1 Chemicals used in industry, science, agriculture, Registered Limited (Priority Date: horticulture, forestry; chemical substances; chemical (Renewal Due 19 SEP 2014) materials; chemical preparations; agricultural chemicals and Date 18 MAR minerals in this class; casein for industrial purposes; 2025) compositions for use in food and beverages; casein for the food industry; lactose for the food industry; chemical and chemical substances including protein products; chemicals and chemical substances including dairy by-products; chemical substances for preserving foodstuffs; adhesives for use in industry; adhesives for use in the foodstuffs industry; milk ferments for chemical purposes; milk ferments for the food industry; protein (raw material); fertilizers; mixtures of chemicals and natural materials for use as agricultural

Australia Mark Number Owner Filing Date Classes/Goods and Services Status fertilizers; processed minerals; unprocessed plastics; cement for mending broken articles; glue for industrial purposes; anti- sprouting preparations for vegetables; soil conditioning preparations; vine disease preventing chemicals; detergents for use in manufacture and industry; milk ferments for industrial purposes; soot for industrial or agricultural purposes; compositions for fire extinguishing and prevention; chemical compositions for use in construction; chemical compositions for water treatment; water purifying chemicals; water softening preparations; compositions and materials for treatment of leather; salts for industrial purposes Class: 5 Pharmaceuticals; pharmaceutical preparations; veterinary preparations; probiotic preparations; bacterial preparations for medical use; biological preparations for medical use; bacterial preparations for nutritional purposes; biological preparations for nutritional purposes; cultures of micro-organisms for medical and veterinary use; dietetic foods adapted for medical use; dietetic substances adapted for medical use; dietetic beverages adapted for medical use; meal replacements adapted for medical use; dietetic foods adapted for veterinary use; dietetic substances adapted for veterinary use; dietetic beverages adapted for veterinary use;

Australia Mark Number Owner Filing Date Classes/Goods and Services Status food for babies; food for infants; milk powder for babies; milk powder for infants; dietary supplements; protein dietary supplements; protein supplements for animals; casein dietary supplements; dietary supplements for humans; dietary supplements for animals; vitamins for human consumption; vitamin formulations for human consumption; mineral supplements; mineral supplements for foodstuffs; dietary supplements intended to supplement a normal diet; dietary supplements intended to have health benefits; nutritional additives; nutritional supplements for animals; nutritional cultures (cultures of micro-organisms for medical and veterinary use); probiotic cultures; probiotic substances; sanitary preparations for medical purposes; probiotic preparations for veterinary use; dietetic foods adapted for animal use; dietetic substances adapted for animal use; dietetic beverages adapted for animal use; vitamins for animal consumption; vitamin formulations for animal consumption; feed additives for animals; probiotic cultures for veterinary use; probiotic substances for veterinary use; bacterial cultures; bacteriological preparations for medical and veterinary use; bacterial preparations for medical and veterinary use; vitamin preparations; albuminous preparations

Australia Mark Number Owner Filing Date Classes/Goods and Services Status for medical purposes; food preparations adapted for medical purposes; food preparations adapted for medical use; lacteal flour; milk sugar (lactose for pharmaceutical purposes); lactose for pharmaceutical purposes; lacteal flour for babies; malted milk beverages for medical purposes; albuminous foodstuffs for medical purposes; nutritional additives for medical purposes; biological preparations for veterinary purposes; amino acids for veterinary purposes; teething (preparations to facilitate); fungicides; weedkillers; herbicides; germicides; soil-sterilizing preparations; pesticides; pest control preparations and articles in this class; insecticides; parasiticides; non-medicated mineral and vitamin based food, fodder, dietary and nutritional additives; hygienic preparations and articles; disinfectants and antiseptics; deodorizers and air purifiers; anti-parasitic collars for animals; animal washes; cattle washes; dog lotions; dog washes; douching preparations for medical purposes; enzyme preparations for medical purposes; enzyme preparations for veterinary purposes; milking grease; animal semen for artificial insemination; pharmaceuticals for animals; natural remedies for animals, namely herbal medicine for animals; milk ferments for pharmaceutical purposes

Australia Mark Number Owner Filing Date Classes/Goods and Services Status Class: 9 Scientific, surveying, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, storing, regulating or controlling electricity; photovoltaic cells; apparatus for recording, transmission or reproduction of sound or images; calculating machines; data processing equipment and computers; computer software; computer hardware; computer peripherals; information technology equipment and apparatus; fire-extinguishing apparatus; communications equipment; radios; transmitters of electronic signals; hands free kits for phones; walkie-talkies; antennas and aerials as communications apparatus; data storage devices; data processing equipment and accessories (electrical and mechanical); audio/visual photographic devices; transformers; voltage surge protectors; switchboxes; electric and electronic components; cables and wires; safety, security, protection and signalling devices; shoes for protection against accidents, irradiation and fire; alarms and warning equipment; access control devices; electrified fences; protective and safety equipment; clothing for protection against fire; garments for protection against fire; fire blankets;

Australia Mark Number Owner Filing Date Classes/Goods and Services Status gloves for protection against accidents; protective masks; workmen's protective face-shields; head protection; protective helmets; eye protection; anti-glare glasses; navigation, guidance, tracking, targeting and map making devices; measuring, detecting and monitoring instruments, indicators and controllers; dosage dispensers; sensors and detectors; measuring, counting, alignment and calibrating instruments; weight measuring instruments; temperature measuring instruments Class: 11 Apparatus, appliances and installations for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes; torches; flashlights; taps (faucets); sanitary installations; water supply and sanitation equipment; cooling installations for water; heating installations (water); hot water heating installations; pressure water tanks; solar thermal collectors; water heaters; water purification, desalination and conditioning installations; desalination plants; purification installations for sewage; water purification installations; water filtering apparatus; water purifying apparatus and machines; sterilisation, disinfection and decontamination equipment; sterilizers; water sterilizers; flushing tanks; water flushing installations; decorative

Australia Mark Number Owner Filing Date Classes/Goods and Services Status fountains; sprinkler and irrigation systems; drip irrigation emitters; watering machines for agricultural purposes; burners, boilers and heaters; acetylene burners; heat pumps; incinerators; lighting and lighting reflectors; refrigerating and freezing equipment; cooling installations and machines; refrigerating appliances and installations; regulating and safety accessories for water and gas installations; air treatment equipment; air conditioning apparatus; fans; drying installations Class: 25 Clothing; footwear; headgear; outdoor clothing, footwear, and headgear; weatherproof clothing, footwear and headgear; underwear; socks; aprons; overalls; belts (clothing) Class: 29 Meat; fish; poultry; game; preserved fruits; frozen fruits; dried fruits; cooked fruits; preserved vegetables; frozen vegetables; dried vegetables; cooked vegetables; jellies; jams; compotes; milk; milk products; dairy products in this class; dairy based beverages; dairy based powders; UHT (ultra high temperature) milk; ESL (extended shelf life) milk; milk substitutes in this class; milk concentrate; milk powder; milk protein; cream (dairy products); butter; yoghurt; dessert products in this class (dairy products predominating); edible oils; edible fats; cheese; whey; meat extracts; eggs;

Australia Mark Number Owner Filing Date Classes/Goods and Services Status condensed milk; flavoured milk; flavoured milk powder; food spreads consisting principally of dairy products; margarine; blends of butter; milk protein products; milk beverages (milk predominating); flavoured milk beverages (milk predominating); fortified milk beverages (milk predominating); milk powder containing nutritional additives (milk powder predominating); milk powder containing nutritional supplements (milk powder predominating); yoghurt beverages; flavoured yoghurt; yoghurt based desserts; custard desserts; cheddar cheese; ricotta cheese; parmesan cheese; feta cheese; havarti cheese; haloumi cheese; cottage cheese; cream cheese; soft cheese; hard cheese; cheese products; processed cheese; cheese spreads; blends of edible oils; blends of edible fats; croquettes; preserved meat; canned fruits; potato crisps; ginger jam; soups; preserved soya beans; preserved eggs; whites of eggs; yolk of eggs; powdered eggs; salted eggs; fruit salads; pectin for food; gelatine for food; prepared nuts; dried edible mushroom; albumen for food; tofu; bean curd products; dried bean milk cream in tight rolls; cream (whipped); acidophilus milk; kumys (milk beverage); kefir (milk beverage); buttercream; curd; rennet; koumiss (milk beverage); protein for human

Australia Mark Number Owner Filing Date Classes/Goods and Services Status consumption; fatty substances for the manufacture of edible fats; milk tea; soya milk; cocoa milk; fish, not live; crustaceans, not live; oysters, not live; shellfish, not live; clams (not live); shrimps, not live; prawns, not live Class: 31 Grains and agricultural, horticultural and forestry products not included in other classes; live animals; fresh fruits and vegetables; seeds, bulbs and seedlings; trees and forestry products; natural plants and flowers; foodstuffs for animals; animal food, foodstuffs and fodder for animals; non- medicated food additives and supplements for animals (other than minerals, trace elements or vitamins); dog biscuits; cattle cake and cattle food; agricultural and aquacultural crops, horticulture and forestry products; maize; nuts; herbs; turf; straw mulch; animal fattening preparations; bedding and litter for animals; hay; live animals, for breeding; malts and unprocessed cereals Class: 35 Retail services; wholesale services; retail and wholesale services relating to goods sold through a department store; retail and wholesale services of agricultural, horticultural and farming products and equipment, live animals, animal health products, animal nutrition products, animal equipment, dairy supplies, dairy hygiene supplies,

Australia Mark Number Owner Filing Date Classes/Goods and Services Status farm shed supplies, calving feeders, animal hardware, animal first aid products, animal markers, animal drenches, fence and gate equipment, timber, weighing equipment, animal housing, animal eartags, chemicals, fertilisers, pesticides, insecticides, animal feed, veterinary products, hand tools, power tools, electrical equipment, lights, sanitary equipment, refrigerators, dryers, ventilators, cookers, heaters, batteries, torches, safety equipment, paint, ropes, chains, irrigation equipment, drainage and effluent equipment, tanks, pumps, troughs, water reticulation supplies and products, fuel (petrol and diesel), oils and lubricants, crop seeds, hardware, building materials, garden products, household supplies, clothing, footwear, headgear, protective clothing, protective footwear, protective headgear and eyewear, farm machinery, farm spray machinery, vehicles, farm vehicles, trailers, generators, feed storage equipment, and parts, fittings and accessories for all of the aforesaid goods; advertising; sales, marketing and distribution services relating to goods sold through department stores; organisation, administration and management of customer loyalty programmes and incentive schemes; sales and promotional incentive schemes; marketing and promotional services; rental of advertising

Australia Mark Number Owner Filing Date Classes/Goods and Services Status space; direct-mail advertising; dissemination of promotional material, catalogues, mail order catalogues and samples; business management services; commercial management services; business administration and advisory services; business management, advisory and organisation services in relation to agriculture, horticulture and farming; business evaluation services in relation to agriculture, horticulture and farming; market research services; data processing, database management; compilation and maintenance of direct mailing lists; auctioneering services; livestock brokerage services; livestock sales services; all of the foregoing also provided online and via the Internet; information, consultancy and advisory services in relation to the foregoing services Class: 36 Insurance; financial affairs; monetary affairs; real estate affairs; insurance services provided to the rural, business, agriculture, horticulture and farming industries; financial and monetary services provided to the rural, business, agriculture, horticulture and farming industries; real estate services provided to the rural, business, agriculture, horticulture and farming industries; investment services in relation to agriculture, horticulture and farming; financial information, data, advice and consultancy services in relation

Australia Mark Number Owner Filing Date Classes/Goods and Services Status to agriculture, horticulture and farming; valuation services in relation to agriculture, horticulture and farming; all of the aforesaid services also provided online and via the Internet; information, consultancy and advisory services in relation to the forgoing Class: 43 Services for providing food and drink; bar services; cafes; cafeterias; coffee shop services; canteens; food and drink catering services; restaurants; self service restaurants; take-away restaurants; fast food restaurants; snack-bars; information, consultancy and advisory services in relation to the foregoing 1681679 Fonterra TM 18 MAR 2015 Class: 1 Chemicals used in industry, science, agriculture, Registered Limited (Priority Date: horticulture, forestry; chemical substances; chemical (Renewal Due 19 SEP 2014) materials; chemical preparations; agricultural chemicals and Date 18 MAR minerals in this class; casein for industrial purposes; 2025) compositions for use in food and beverages; casein for the food industry; lactose for the food industry; chemical and chemical substances including protein products; chemicals and chemical substances including dairy by-products; chemical substances for preserving foodstuffs; adhesives for use in industry; adhesives for use in the foodstuffs industry; milk ferments for chemical purposes; milk ferments for the

Australia Mark Number Owner Filing Date Classes/Goods and Services Status food industry; protein (raw material); fertilizers; mixtures of chemicals and natural materials for use as agricultural fertilizers; processed minerals; unprocessed plastics; cement for mending broken articles; glue for industrial purposes; anti- sprouting preparations for vegetables; soil conditioning preparations; vine disease preventing chemicals; detergents for use in manufacture and industry; milk ferments for industrial purposes; soot for industrial or agricultural purposes; compositions for fire extinguishing and prevention; chemical compositions for use in construction; chemical compositions for water treatment; water purifying chemicals; water softening preparations; compositions and materials for treatment of leather; salts for industrial purposes Class: 5 Pharmaceuticals; pharmaceutical preparations; veterinary preparations; probiotic preparations; bacterial preparations for medical use; biological preparations for medical use; bacterial preparations for nutritional purposes; biological preparations for nutritional purposes; cultures of micro-organisms for medical and veterinary use; dietetic foods adapted for medical use; dietetic substances adapted for medical use; dietetic beverages adapted for medical use; meal replacements adapted for medical use; dietetic foods

Australia Mark Number Owner Filing Date Classes/Goods and Services Status adapted for veterinary use; dietetic substances adapted for veterinary use; dietetic beverages adapted for veterinary use; food for babies; food for infants; milk powder for babies; milk powder for infants; dietary supplements; protein dietary supplements; protein supplements for animals; casein dietary supplements; dietary supplements for humans; dietary supplements for animals; vitamins for human consumption; vitamin formulations for human consumption; mineral supplements; mineral supplements for foodstuffs; dietary supplements intended to supplement a normal diet; dietary supplements intended to have health benefits; nutritional additives; nutritional supplements for animals; nutritional cultures (cultures of micro-organisms for medical and veterinary use); probiotic cultures; probiotic substances; sanitary preparations for medical purposes; probiotic preparations for veterinary use; dietetic foods adapted for animal use; dietetic substances adapted for animal use; dietetic beverages adapted for animal use; vitamins for animal consumption; vitamin formulations for animal consumption; feed additives for animals; probiotic cultures for veterinary use; probiotic substances for veterinary use; bacterial cultures; bacteriological preparations for medical and

Australia Mark Number Owner Filing Date Classes/Goods and Services Status veterinary use; bacterial preparations for medical and veterinary use; vitamin preparations; albuminous preparations for medical purposes; food preparations adapted for medical purposes; food preparations adapted for medical use; lacteal flour; milk sugar (lactose for pharmaceutical purposes); lactose for pharmaceutical purposes; lacteal flour for babies; malted milk beverages for medical purposes; albuminous foodstuffs for medical purposes; nutritional additives for medical purposes; biological preparations for veterinary purposes; amino acids for veterinary purposes; teething (preparations to facilitate); fungicides; weedkillers; herbicides; germicides; soil-sterilizing preparations; pesticides; pest control preparations and articles in this class; insecticides; parasiticides; non-medicated mineral and vitamin based food, fodder, dietary and nutritional additives; hygienic preparations and articles; disinfectants and antiseptics; deodorizers and air purifiers; anti-parasitic collars for animals; animal washes; cattle washes; dog lotions; dog washes; douching preparations for medical purposes; enzyme preparations for medical purposes; enzyme preparations for veterinary purposes; milking grease; animal semen for artificial insemination; pharmaceuticals for animals; natural remedies

Australia Mark Number Owner Filing Date Classes/Goods and Services Status for animals, namely herbal medicine for animals; milk ferments for pharmaceutical purposes Class: 9 Scientific, surveying, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, storing, regulating or controlling electricity; photovoltaic cells; apparatus for recording, transmission or reproduction of sound or images; calculating machines; data processing equipment and computers; computer software; computer hardware; computer peripherals; information technology equipment and apparatus; fire-extinguishing apparatus; communications equipment; radios; transmitters of electronic signals; hands free kits for phones; walkie-talkies; antennas and aerials as communications apparatus; data storage devices; data processing equipment and accessories (electrical and mechanical); audio/visual photographic devices; transformers; voltage surge protectors; switchboxes; electric and electronic components; cables and wires; safety, security, protection and signalling devices; shoes for protection against accidents, irradiation and fire; alarms and warning equipment; access control devices; electrified fences;

Australia Mark Number Owner Filing Date Classes/Goods and Services Status protective and safety equipment; clothing for protection against fire; garments for protection against fire; fire blankets; gloves for protection against accidents; protective masks; workmen's protective face-shields; head protection; protective helmets; eye protection; anti-glare glasses; navigation, guidance, tracking, targeting and map making devices; measuring, detecting and monitoring instruments, indicators and controllers; dosage dispensers; sensors and detectors; measuring, counting, alignment and calibrating instruments; weight measuring instruments; temperature measuring instruments Class: 11 Apparatus, appliances and installations for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes; torches; flashlights; taps (faucets); sanitary installations; water supply and sanitation equipment; cooling installations for water; heating installations (water); hot water heating installations; pressure water tanks; solar thermal collectors; water heaters; water purification, desalination and conditioning installations; desalination plants; purification installations for sewage; water purification installations; water filtering apparatus; water purifying apparatus and machines; sterilisation, disinfection

Australia Mark Number Owner Filing Date Classes/Goods and Services Status and decontamination equipment; sterilizers; water sterilizers; flushing tanks; water flushing installations; decorative fountains; sprinkler and irrigation systems; drip irrigation emitters; watering machines for agricultural purposes; burners, boilers and heaters; acetylene burners; heat pumps; incinerators; lighting and lighting reflectors; refrigerating and freezing equipment; cooling installations and machines; refrigerating appliances and installations; regulating and safety accessories for water and gas installations; air treatment equipment; air conditioning apparatus; fans; drying installations Class: 25 Clothing; footwear; headgear; outdoor clothing, footwear, and headgear; weatherproof clothing, footwear and headgear; underwear; socks; aprons; overalls; belts (clothing) Class: 29 Meat; fish; poultry; game; preserved fruits; frozen fruits; dried fruits; cooked fruits; preserved vegetables; frozen vegetables; dried vegetables; cooked vegetables; jellies; jams; compotes; milk; milk products; dairy products in this class; dairy based beverages; dairy based powders; UHT (ultra high temperature) milk; ESL (extended shelf life) milk; milk substitutes in this class; milk concentrate; milk powder; milk protein; cream (dairy products); butter; yoghurt; dessert

Australia Mark Number Owner Filing Date Classes/Goods and Services Status products in this class (dairy products predominating); edible oils; edible fats; cheese; whey; meat extracts; eggs; condensed milk; flavoured milk; flavoured milk powder; food spreads consisting principally of dairy products; margarine; blends of butter; milk protein products; milk beverages (milk predominating); flavoured milk beverages (milk predominating); fortified milk beverages (milk predominating); milk powder containing nutritional additives (milk powder predominating); milk powder containing nutritional supplements (milk powder predominating); yoghurt beverages; flavoured yoghurt; yoghurt based desserts; custard desserts; cheddar cheese; ricotta cheese; parmesan cheese; feta cheese; havarti cheese; haloumi cheese; cottage cheese; cream cheese; soft cheese; hard cheese; cheese products; processed cheese; cheese spreads; blends of edible oils; blends of edible fats; croquettes; preserved meat; canned fruits; potato crisps; ginger jam; soups; preserved soya beans; preserved eggs; whites of eggs; yolk of eggs; powdered eggs; salted eggs; fruit salads; pectin for food; gelatine for food; prepared nuts; dried edible mushroom; albumen for food; tofu; bean curd products; dried bean milk cream in tight rolls; cream (whipped); acidophilus milk; kumys

Australia Mark Number Owner Filing Date Classes/Goods and Services Status (milk beverage); kefir (milk beverage); buttercream; curd; rennet; koumiss (milk beverage); protein for human consumption; fatty substances for the manufacture of edible fats; milk tea; soya milk; cocoa milk; fish, not live; crustaceans, not live; oysters, not live; shellfish, not live; clams (not live); shrimps, not live; prawns, not live Class: 31 Grains and agricultural, horticultural and forestry products not included in other classes; live animals; fresh fruits and vegetables; seeds, bulbs and seedlings; trees and forestry products; natural plants and flowers; foodstuffs for animals; animal food, foodstuffs and fodder for animals; non- medicated food additives and supplements for animals (other than minerals, trace elements or vitamins); dog biscuits; cattle cake and cattle food; agricultural and aquacultural crops, horticulture and forestry products; maize; nuts; herbs; turf; straw mulch; animal fattening preparations; bedding and litter for animals; hay; live animals, for breeding; malts and unprocessed cereals Class: 35 Retail services; wholesale services; retail and wholesale services relating to goods sold through a department store; retail and wholesale services of agricultural, horticultural and farming products and equipment, live

Australia Mark Number Owner Filing Date Classes/Goods and Services Status animals, animal health products, animal nutrition products, animal equipment, dairy supplies, dairy hygiene supplies, farm shed supplies, calving feeders, animal hardware, animal first aid products, animal markers, animal drenches, fence and gate equipment, timber, weighing equipment, animal housing, animal eartags, chemicals, fertilisers, pesticides, insecticides, animal feed, veterinary products, hand tools, power tools, electrical equipment, lights, sanitary equipment, refrigerators, dryers, ventilators, cookers, heaters, batteries, torches, safety equipment, paint, ropes, chains, irrigation equipment, drainage and effluent equipment, tanks, pumps, troughs, water reticulation supplies and products, fuel (petrol and diesel), oils and lubricants, crop seeds, hardware, building materials, garden products, household supplies, clothing, footwear, headgear, protective clothing, protective footwear, protective headgear and eyewear, farm machinery, farm spray machinery, vehicles, farm vehicles, trailers, generators, feed storage equipment, and parts, fittings and accessories for all of the aforesaid goods; advertising; sales, marketing and distribution services relating to goods sold through department stores; organisation, administration and management of customer loyalty programmes and incentive

Australia Mark Number Owner Filing Date Classes/Goods and Services Status schemes; sales and promotional incentive schemes; marketing and promotional services; rental of advertising space; direct-mail advertising; dissemination of promotional material, catalogues, mail order catalogues and samples; business management services; commercial management services; business administration and advisory services; business management, advisory and organisation services in relation to agriculture, horticulture and farming; business evaluation services in relation to agriculture, horticulture and farming; market research services; data processing, database management; compilation and maintenance of direct mailing lists; auctioneering services; livestock brokerage services; livestock sales services; all of the foregoing also provided online and via the Internet; information, consultancy and advisory services in relation to the foregoing services Class: 36 Insurance; financial affairs; monetary affairs; real estate affairs; insurance services provided to the rural, business, agriculture, horticulture and farming industries; financial and monetary services provided to the rural, business, agriculture, horticulture and farming industries; real estate services provided to the rural, business, agriculture, horticulture and farming industries; investment services in

Australia Mark Number Owner Filing Date Classes/Goods and Services Status relation to agriculture, horticulture and farming; financial information, data, advice and consultancy services in relation to agriculture, horticulture and farming; valuation services in relation to agriculture, horticulture and farming; all of the aforesaid services also provided online and via the Internet; information, consultancy and advisory services in relation to the forgoing Class: 43 Services for providing food and drink; bar services; cafes; cafeterias; coffee shop services; canteens; food and drink catering services; restaurants; self service restaurants; take-away restaurants; fast food restaurants; snack-bars; information, consultancy and advisory services in relation to the foregoing ALBA 1703762 Alba Cheese 30 JUN 2015 Class: 29 Dairy products; cheese; milk, butter; hard cheese; Registered Manufacturing Pty soft cheese; low-fat cheese; fresh curd cheese including fetta, (Renewal Due Ltd fiorello, formaggino and pecorino; ricotta and ricotta salata; Date 30 JUN stretched curd cheese including bocconcini, provolone, 2025) haloumi, mozzarella, ovolini, provoletta and treccia; matured cheese including black piccantino, casalingo, cheddar, dolcetto, parmesan, pecorino maturo, pecorino pepato and red piccantino; shredded, grated or shaved cheese including shredded, grated or shaved parmesan, cheddar and

Australia Mark Number Owner Filing Date Classes/Goods and Services Status mozzarella; cheese mixtures and products; blended cheese; prepared foods consisting principally of cheese; cheese containing herbs or spices; cottage cheese; cream cheese; blue cheese; cheese spreads; cheese sticks; combinations of cheese and other flavourings; dairy-based dips; food spreads consisting principally of dairy products; none of the foregoing including non-dairy edible oils 1703765 Alba Cheese 30 JUN 2015 Class: 29 Dairy products; cheese; milk, butter; hard cheese; Registered Manufacturing Pty soft cheese; low-fat cheese; fresh curd cheese including fetta, (Renewal Due Ltd fiorello, formaggino and pecorino; ricotta and ricotta salata; Date 30 JUN stretched curd cheese including bocconcini, provolone, 2025) haloumi, mozzarella, ovolini, provoletta and treccia; matured cheese including black piccantino, casalingo, cheddar, dolcetto, parmesan, pecorino maturo, pecorino pepato and red piccantino; shredded, grated or shaved cheese including shredded, grated or shaved parmesan, cheddar and mozzarella; cheese mixtures and products; blended cheese; prepared foods consisting principally of cheese; cheese containing herbs or spices; cottage cheese; cream cheese; blue cheese; cheese spreads; cheese sticks; combinations of cheese and other flavourings; dairy-based dips; food spreads

Australia Mark Number Owner Filing Date Classes/Goods and Services Status consisting principally of dairy products; none of the foregoing including non-dairy edible oils SUREPROTEIN 1726773 FONTERRA TM 30 JAN 2015 Class: 29 Dairy products in this class; dairy based beverages; Registered (IR LIMITED dairy based powders; milk; UHT milk; milk products; milk (Renewal Due No.12672 protein; condensed milk; milk powder; dried milk; milk Date 30 JAN 76) beverages; flavoured milk beverages (milk predominating): 2025) fortified milk beverages (milk predominating); milk substitutes in this class; cream; edible oils; edible fats; blends of edible oils with dairy products; blends of edible fats with dairy products; butter; butter blends; butter cream; margarine; blends of margarine; blends of butter; blends of other edible oils; products included in this class consisting wholly or principally of edible oils or of edible fats for use in creaming coffee and like drinks; proteins and protein products for human consumption, namely milk protein and protein for use as a food additive; dairy products used as ingredients in the production of foodstuffs; cheese; cheeses; cheddar cheese; ricotta cheese; parmesan cheese; feta cheese; havarti cheese; haloumi cheese; cottage cheese; cream cheese; soft cheeses; hard cheeses; cheese products; cultured dairy products; sour cream; creme fraiche; yoghurt; yoghurt for drinking; yoghurt based drinks; desert products in this class

Australia Mark Number Owner Filing Date Classes/Goods and Services Status (dairy predominating); flavoured dairy desserts; custards in this class; whey; whey protein; whey protein isolate; dairy- based food spreads; food spreads consisting principally of dairy products; food preserves in this class consisting principally of dairy products; jellies for food; dairy products containing nutritional additives and supplements (not being for medical use and not being made predominantly of vitamins, minerals or trace elements) RICOTTELLA 1728638 AVITA DAIRY PTY 16 OCT 2015 Class: 29 Dairy products; cheese; milk, butter; hard cheese; Registered LTD soft cheese; low-fat cheese; fresh curd cheese including fetta, (Renewal Due fiorello, formaggino and pecorino; ricotta and ricotta salata; Date 16 OCT stretched curd cheese including bocconcini, provolone, 2025) haloumi, mozzarella, ovolini, provoletta and treccia; matured cheese including black piccantino, casalingo, cheddar, dolcetto, parmesan, pecorino maturo, pecorino pepato and red piccantino; shredded, grated or shaved cheese including shredded, grated or shaved parmesan, cheddar and mozzarella; cheese mixtures and products; blended cheese; prepared foods consisting principally of cheese; cheese containing herbs or spices; cottage cheese; cream cheese; blue cheese; cheese spreads; cheese sticks; combinations of

Australia Mark Number Owner Filing Date Classes/Goods and Services Status cheese and other flavourings; dairy-based dips; food spreads consisting principally of dairy products 1740885 Pinnacle Foods 11 DEC 2015 Class: 29 Dairy products; cheese; cheese based products; Registered Holdings Pty speciality cheese products; cheddar cheese; parmesan (Renewal Due Limited cheese; Swiss cheese; mozzarella cheese; dairy spreads; Date 11 DEC non-dairy cheese; food spreads consisting principally of edible 2025) oils or edible fats; milk and milk based products, edible oils

and fats BETTER THAN 1748425 agriTM Pty Ltd 27 JAN 2016 Class: 29 Cheese; blended cheese; blue cheese; white Registered THE UDDERS cheese; butter cheese; cheddar cheese; cottage cheese; (Renewal Due cream cheese; farmers cheese; curd cheese; fresh cheese; Date 27 JAN feta cheese; goats milk cheese; imitation cheese; low fat 2026) cheese; non-dairy cheese; soft cheese; hard cheese; panela cheese; parmesan cheese; romano cheese; ripened cheese; strained cheese; mould-ripened cheese; sheep cheese; smoked cheese; ready grated cheese; processed cheese; cheese products; prepared meals and foods made principally of cheese; combination of cheese and fruit, meat, and/or vegetables; cheese making kits; dairy products; dairy based beverages and powders; dairy desserts (except ice cream or frozen yoghurt); artificial cream (dairy product substitutes); cream (dairy products); yoghurt; non-dairy yoghurt; yoghurt

Australia Mark Number Owner Filing Date Classes/Goods and Services Status preparations and products; milk; milk products; preparations made from milk; milk based beverages, desserts, drinks, and products (milk predominating); spreads consisting wholly or principally of dairy products; imitation dairy spreads; prepared foods and meals consisting principally of dairy, cheese, milk, meat, fish, seafood, fruit, vegetables, jams, edible oils, eggs, and/or nuts; meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats 1748565 agriTM Pty Ltd 27 JAN 2016 Class: 29 Cheese; blended cheese; blue cheese; white Registered cheese; butter cheese; cheddar cheese; cottage cheese; (Renewal Due cream cheese; farmers cheese; curd cheese; fresh cheese; Date 27 JAN feta cheese; goats milk cheese; imitation cheese; low fat 2026) cheese; non-dairy cheese; soft cheese; hard cheese; panela cheese; parmesan cheese; romano cheese; ripened cheese; strained cheese; mould-ripened cheese; sheep cheese; smoked cheese; ready grated cheese; processed cheese; cheese products; prepared meals and foods made principally of cheese; combination of cheese and fruit, meat, and/or vegetables; cheese making kits; dairy products; dairy based beverages and powders; dairy desserts (except ice cream or

Australia Mark Number Owner Filing Date Classes/Goods and Services Status frozen yoghurt); artificial cream (dairy product substitutes); cream (dairy products); yoghurt; non-dairy yoghurt; yoghurt preparations and products; milk; milk products; preparations made from milk; milk based beverages, desserts, drinks, and products (milk predominating); spreads consisting wholly or principally of dairy products; imitation dairy spreads; prepared foods and meals consisting principally of dairy, cheese, milk, meat, fish, seafood, fruit, vegetables, jams, edible oils, eggs, and/or nuts; meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats 1751272 agriTM Pty Ltd 09 FEB 2016 Class: 29 Cheese; blended cheese; blue cheese; white Registered cheese; butter cheese; cheddar cheese; cottage cheese; (Renewal Due cream cheese; farmers cheese; curd cheese; fresh cheese; Date 09 FEB feta cheese; goats milk cheese; imitation cheese; low fat 2026) cheese; non-dairy cheese; soft cheese; hard cheese; panela cheese; parmesan cheese; romano cheese; ripened cheese; strained cheese; mould-ripened cheese; sheep cheese; smoked cheese; ready grated cheese; processed cheese; cheese products; prepared meals and foods made principally

of cheese; combination of cheese and fruit, meat, and/or

Australia Mark Number Owner Filing Date Classes/Goods and Services Status vegetables; dairy products; dairy based beverages and powders; dairy desserts (except ice cream or frozen yoghurt); artificial cream (dairy product substitutes); cream (dairy products); yoghurt; non-dairy yoghurt; yoghurt preparations and products; milk; milk products; preparations made from milk; milk based beverages, desserts, drinks, and products (milk predominating); spreads consisting wholly or principally of dairy products; imitation dairy spreads; prepared foods and meals consisting principally of dairy, cheese, milk, meat, fish, seafood, fruit, vegetables, jams, edible oils, eggs, and/or nuts; meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats RMG 1751398 Ryan Marketing 10 FEB 2016 Class: 29 Meat and meat preparations and products; meat Registered Group Pty Ltd based stock, broth concentrates, and broth pastes; meat (Renewal Due gelatins, jellies, and pastes; meat conserves, extracts, and Date 10 FEB preserves; meat pates and terrines; meat burgers (meat 2026) patties); meat substitutes prepared from vegetables (textured vegetable protein); baked, canned, cold, cooked, corned, cubed, dehydrated, dried, fresh, frozen, grilled, marinated, minced, pickled, prepared, preserved, roasted, salted, smoked, and tinned meat; extracts of meat and products

Australia Mark Number Owner Filing Date Classes/Goods and Services Status made from meat extracts; food preparations and products consisting principally of meat, containing meat, or derived from meat; prepared meals consisting principally of chicken, beef, lamb, pork, or seafood; foodstuffs and food pastes made from poultry, beef, lamb, pork, or seafood; chicken (not live); butchered, canned, fresh, prepared, preserved, and processed poultry; chicken extracts, pieces, products, fats, pastes, pates and stock; cooked, deep frozen, dehydrated, fried, and powdered chicken; chilled and cooked meals consisting principally of poultry; beef and beef products; beef burgers (beef patties); beef fat, jerky, and stock; steaks of meat; corned, dehydrated, and powdered beef; salami; lamb; lamb (prepared meat); lamb products; pork; pork extracts, loin, preserves, products, and sausages; cooked, dried, processed, and salted pork; ham and ham products; cooked, dehydrated, and powdered ham; bacon; bacon slices, products, joints, and flavoured snack products; seafood (not live); seafood based stock, extenders, extracts, jellies, jerky, dips, and products; preserved, processed, and frozen seafood; prepared meals consisting principally of seafood; steaks of fish; sausages; cheese; blended cheese; blue cheese; white cheese; butter cheese; cheddar cheese;

Australia Mark Number Owner Filing Date Classes/Goods and Services Status cottage cheese; cream cheese; farmers cheese; curd cheese; fresh cheese; feta cheese; goats milk cheese; imitation cheese; low fat cheese; non-dairy cheese; soft cheese; hard cheese; panela cheese; parmesan cheese; romano cheese; ripened cheese; strained cheese; mould-ripened cheese; sheep cheese; smoked cheese; ready grated cheese; processed cheese; cheese products; prepared meals and foods made principally of cheese; combination of cheese and fruit, meat, and/or vegetables; cheese making kits; dairy products; dairy based beverages and powders; dairy desserts (except ice cream or frozen yoghurt); artificial cream (dairy product substitutes); cream (dairy products); yoghurt; non- dairy yoghurt; yoghurt preparations and products; milk; milk products; preparations made from milk; milk based beverages, desserts, drinks, and products (milk predominating); spreads consisting wholly or principally of dairy products; imitation dairy spreads; prepared foods and meals consisting principally of dairy, cheese, milk, meat, fish, seafood, fruit, vegetables, jams, edible oils, eggs, and/or nuts; meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats

Australia Mark Number Owner Filing Date Classes/Goods and Services Status 1758262 Alba Cheese 11 MAR 2016 Class: 29 Dairy products; cheese; milk, butter; hard cheese; Registered Manufacturing Pty soft cheese; low-fat cheese; fresh curd cheese including fetta, (Renewal Due Ltd fiorello, formaggino and pecorino; ricotta and ricotta salata; Date 11 MAR stretched curd cheese including bocconcini, provolone, 2026) haloumi, mozzarella, cherry bocconcini, provoletta and treccia; matured cheese including black piccantino, casalingo, cheddar, dolcetto, parmesan, pecorino maturo, pecorino pepato and red piccantino; shredded, grated or shaved cheese including shredded, grated or shaved parmesan,

cheddar and mozzarella; cheese mixtures and products; blended cheese; prepared foods consisting principally of cheese; cheese containing herbs or spices; cottage cheese; cream cheese; blue cheese; cheese spreads; cheese sticks; combinations of cheese and other flavourings; dairy-based dips; food spreads consisting principally of dairy products WHISPS 1768958 Whisps Acquisition 05 MAY 2016 Class: 29 Cheese crisps; cheese including parmesan cheese; Registered Corp. products made from cheese; crisps including potato crisps; (Renewal Due snack foods in this class made with or flavoured with cheese; Date 05 MAY cheese sticks; prepared foods consisting principally of 2026) cheese; imitation cheese; crisps with cheese flavouring

Australia Mark Number Owner Filing Date Classes/Goods and Services Status Class: 30 Cereal snack foods flavoured with cheese; crisp snack food products made from cereals; crisps made of cereals; wholewheat crisps 1856830 KAANLAR GIDA 22 NOV 2016 Class: 29 Meat, fish, poultry and game; processed meat Registered (IR SANAYI VE products; dried pulses; soups, bouillon; processed olives, (Renewal Due No.13534 TICARET olive paste; milk and milk products, butter, cheese, sheep Date 22 NOV 37) ANONIM SIRKETI cheese, white cheese, processed cheese, Parmesan cheese; 2026) cream cheese; edible oils; dried, preserved, frozen, cooked, smoked or salted fruits and vegetables; tomato paste; prepared nuts and dried fruits as snacks; hazelnut spreads and peanut butter; tahini [sesame seed paste]; eggs and powdered eggs; potato chips 1890147 NEW ZEALAND 07 MAY 2015 Class: 5 Dietetic foods; dietetic beverages; dietetic Registered (IR MILK BRANDS (Priority Date: substances adapted for medical use; dietary supplements (Renewal Due No.12853 LIMITED 04 MAY 2015) intended to supplement a normal diet or to have health Date 07 MAY 14) benefits; health food supplements; food for babies; milk 2025) powder for babies; food for infants; milk powder for infants;

nutritional additives for foodstuffs; nutritional supplements; nutritional cultures; food supplements for medical purposes; mineral supplements for foodstuffs; casein dietary supplements; vitamins for human consumption; vitamin formulations for human consumption; pharmaceutical

Australia Mark Number Owner Filing Date Classes/Goods and Services Status preparations in the nature of foodstuffs for humans; pharmaceutical preparations in the nature of food ingredients for humans; bacteriological cultures; probiotic cultures; bacteriological preparations; probiotic preparations; bacteriological substances; probiotic substances; cultures of micro-organisms; dietary supplements incorporating probiotic cultures, substances or preparations; dietary supplements incorporating bacteriological cultures, substances or preparations Class: 29 Dairy products in this class; dairy foods in this class; dairy based beverages; dairy based powders; milk; milk based products; ultra high temperature (UHT) milk; extended shelf life (ESL) milk; milk concentrate; milk protein; milk powder; dried milk; flavoured milk powders; milk substitutes in this class; milk beverages; flavoured milk beverages (milk predominating); fortified milk beverages (milk predominating); cream; butter; edible oils; edible fats; margarine; food spreads; blends of margarine; blends of butter; blends of other edible oils; products included in this class consisting wholly or principally of edible oils for use in creaming coffee and like drinks; products included in this class consisting wholly or principally of edible fats for use in creaming coffee

Australia Mark Number Owner Filing Date Classes/Goods and Services Status and like drinks; proteins for human consumption for use as food additives; soy, whey or dairy based protein products for human consumption; cheese; brie cheese; cheddar cheese; colby cheese; cream cheese; edam cheese; emmental cheese; feta cheese; gouda cheese; gruyere cheese; haloumi cheese; havarti cheese; mozzarella cheese; parmesan cheese; romano cheese; swiss cheese; cultured dairy products; dairy products incorporating yoghurt; yoghurt; yoghurt preparations; dairy based probiotic products in this class; drinking yoghurt; yoghurt based non-alcoholic drinks; non-alcoholic dairy based drinks containing probiotic substances, preparations or cultures; non-alcoholic dairy based drinks containing bacteriological substances, preparations or cultures; dessert products in this class (dairy products predominating); dairy snacks (milk and dairy products predominating); whey; food spreads consisting principally of dairy products; jellies for food; custard in this class; dairy based dips; cheese dips; cheese in the form of dips MODERN CHEF 1939942 Bega Cheese 11 JUL 2018 Class: 29 Meat, fish, poultry and game; meat extracts, meat Registered Limited pastes; preserved, dried and cooked fruits and vegetables; vegetable extracts, vegetable extract spreads; jellies, jams,

Australia Mark Number Owner Filing Date Classes/Goods and Services Status compotes, fruit spreads, sweet spreads; marmalade; peanut (Renewal Due butter, nut butter, spreads made principally of nuts; eggs; milk Date 11 JUL and milk products, cream; yoghurt; cheese and cheese 2028) products, including parmesan, Neufchatel, cheese slices, cheese sticks, cheese strips, cheese wedges, soft cheese, cream cheese, cheese spread, processed cheese; spreads made from dairy products, including cheese spreads; snacks, prepared and partly prepared meals, packaged meals and frozen meals made principally of meat, fish, poultry, game, milk, milk products, cheese, eggs, fruits and/or vegetables; food pastes made principally of meat, fish, poultry, game, milk, milk products, cheese, eggs, fruits and/or vegetables; dips made principally of meat, fish, poultry, game, milk, milk products, cheese, cream cheese, eggs, fruits and/or vegetables; spreads made principally of meat, fish, poultry, game, milk, milk products, cheese, eggs, fruits and/or vegetables; desserts made principally of fruits and/or milk products; edible oils and fats; preserves, pickles, relishes (pickles); soups and ingredients for preparing soups made principally of meat, fish, poultry, game, milk, milk products, cheese, eggs, fruits and/or vegetables; meat, chicken, seafood or vegetable stocks and stock pastes; potato chips

Australia Mark Number Owner Filing Date Classes/Goods and Services Status and crisps; Vitamin enriched foods andfoodstuffs being food and food stuffs made principally from meat, fish, poultry, game, milk, milk products, cheese, cream cheese, eggs, butter, yoghurt, fruits, edible oils and edible fats, nuts, vegetable oils and/or vegetables; sandwich spreads being spreads made principally from meat, fish, poultry, game, milk, milk products, cheese, cream cheese, eggs, fruits, edible oils and edible fats, nuts, vegetable oils and/or vegetables Class: 30 Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; frozen, dried and fresh pasta; sauces, condiments and ingredients for pasta; canned and packaged pasta foods; macaroni with cheese; snacks, prepared and partly prepared meals, packaged meals and frozen meals made principally of pasta, macaroni, spaghetti, rice or other cereal products; bread, pastry and confectionery; biscuits, crackers; breakfast cereals; bars and snack foods made principally from cereals; snack foods consisting of a combination of breadsticks, biscuits, crackers or chips with dips or spreads; edible ices; sugar, honey, treacle, maple syrup; chocolate spreads; yeast, baking-powder; yeast extracts, spreads consisting of yeast extracts; vitamin enriched foods and foodstuffs being food and

Australia Mark Number Owner Filing Date Classes/Goods and Services Status food stuffs made principally from coffee, tea, cocoa, flour, grains, pastry, bread, confectionary, biscuits, chips, yeast extracts, chocolate, honey, condiments, edible ices, pasta, macaroni, spaghetti, rice and/or other cereal products; sandwiches and sandwich spreads being spreads made principally from yeast extracts, chocolate, chocolate also containing nuts and/or honey; salt; mustard; vinegar, sauces (condiments); savoury sauces, cooking sauces, simmer sauces; condiments, chutneys, relishes (condiments), salad dressings, mayonnaise, seasonings, marinades, salsa; dips made principally of vinegar, spices, and/or mustard; spices; ice; meat gravies 1982808 Bega Cheese 11 JAN 2019 Class: 29 Meat, fish, poultry and game; meat extracts, meat Registered Limited pastes; preserved, dried and cooked fruits and vegetables; (Renewal Due vegetable extracts, vegetable extract spreads; jellies, jams, Date 11 JAN compotes, fruit spreads, sweet spreads; marmalade; peanut 2029) butter, nut butter, spreads made principally of nuts; eggs; milk and milk products, cream; yoghurt; cheese and cheese products, including parmesan, Neufchatel, cheese slices, cheese sticks, cheese strips, cheese wedges, soft cheese, cream cheese, cheese spread, processed cheese; spreads made from dairy products, including cheese spreads; snacks,

Australia Mark Number Owner Filing Date Classes/Goods and Services Status prepared and partly prepared meals, packaged meals and frozen meals made principally of meat, fish, poultry, game, milk, milk products, cheese, eggs, fruits and/or vegetables; food pastes made principally of meat, fish, poultry, game, milk, milk products, cheese, eggs, fruits and/or vegetables; dips made principally of meat, fish, poultry, game, milk, milk products, cheese, cream cheese, eggs, fruits and/or vegetables; spreads made principally of meat, fish, poultry, game, milk, milk products, cheese, eggs, fruits and/or vegetables; desserts made principally of fruits and/or milk products; edible oils and fats; preserves, pickles, relishes (pickles); soups and ingredients for preparing soups made principally of meat, fish, poultry, game, milk, milk products, cheese, eggs, fruits and/or vegetables; meat, chicken, seafood or vegetable stocks and stock pastes; potato chips and crisps; Vitamin enriched foods and foodstuffs being food and food stuffs made principally from meat, fish, poultry, game, milk, milk products, cheese, cream cheese, eggs, butter, yoghurt, fruits, edible oils and edible fats, nuts, vegetable oils and/or vegetables; sandwich spreads being spreads made principally from meat, fish, poultry, game, milk,

Australia Mark Number Owner Filing Date Classes/Goods and Services Status milk products, cheese, cream cheese, eggs, fruits, edible oils and edible fats, nuts, vegetable oils and/or vegetables Class: 30 Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; frozen, dried and fresh pasta; sauces, condiments and ingredients for pasta; canned and packaged pasta foods; macaroni with cheese; snacks, prepared and partly prepared meals, packaged meals and frozen meals made principally of pasta, macaroni, spaghetti, rice or other cereal products; bread, pastry and confectionery; biscuits, crackers; breakfast cereals; bars and snack foods made principally from cereals; snack foods consisting of a combination of breadsticks, biscuits, crackers or chips with dips or spreads; edible ices; sugar, honey, treacle, maple syrup; chocolate spreads; yeast, baking-powder; yeast extracts, spreads consisting of yeast extracts; vitamin enriched foods and foodstuffs being food and food stuffs made principally from coffee, tea, cocoa, flour, grains, pastry, bread, confectionary, biscuits, chips, yeast extracts, chocolate, honey, condiments, edible ices, pasta, macaroni, spaghetti, rice and/or other cereal products; sandwiches and sandwich spreads being spreads made principally from yeast extracts, chocolate, chocolate also

Australia Mark Number Owner Filing Date Classes/Goods and Services Status containing nuts and/or honey; salt; mustard; vinegar, sauces (condiments); savoury sauces, cooking sauces, simmer sauces; condiments, chutneys, relishes (condiments), salad dressings, mayonnaise, seasonings, marinades, salsa; dips made principally of vinegar, spices, and/or mustard; spices; ice; meat gravies

Exhibit 1: Non-exhaustive list of “parmesan” Australian producers and Australian products at supermarkets

Company City Website Saputo - Warrnambool Warnambool https://www.wcbf.com.au/en/our-products/mil-lel Cheese & Butter

Perfect Italiano Victoria https://www.perfectitaliano.com.au/en/products. html

South Cape Victoria http://www.southcape.com.au/#products

Tempo Foods Victoria http://www.tempofoods.com.au/CatalogueRetrie ve.aspx?ProductID=6996739&A=SearchResult &SearchID=165495653&ObjectID=6996739&O bjectType=27#.Xb5EHy-ZNZI

Tilba Real Dairy Tilba Valley https://dairygoodness.com.au/collections/south- coast-cheeses-tilba-real-cheese

Australian “parmesan” products at supermarkets

Exhibit 2: Articles and links to press reports where the term “parmesan” is used as a common term https://www.smh.com.au/business/no-threat-to-aussie-parmesan-cheese-20080227-1v9w.html. https://www.news.com.au/lifestyle/food/drink/australians-may-lose-right-to-name-products- prosecco-parmesan-and-feta/news-story/094e9a5832f3cf4b3049e13245652c9a https://ilglobo.com.au/news/41904/the-eu-and-australia-fight-over-prosecco-and-parmesan- naming-rights/

See also:

• “Off the Shelf - Parmesan Cheese”, 14 July 2009, The Age (Extract: “TO QUOTE cheese expert Will Studd, from his book Chalk and Cheese : "It is important to differentiate between parmesan, parmigiano and grana. Only cheese made by traditional methods can be called parmigiano reggiano or grana padano. The name 'parmesan' is widely misused to represent these great cheeses." The cheeses here, two Australian parmesan and one parmigiano reggiano, were chosen as they were all available directly from a supermarket shelf, in keeping with this column's ethos.”

• “Parmesan pure gold” 15 March 2008, The Gold Coast Bulletin (Extract: “AUSSIES have put in another gold medal performance on the international stage - this time, it's for parmesan cheese. Australia's own Mil Lel Superior Parmesan has beaten its overseas opponents to take top honours at the 27th Biennial World Championship Cheese Contest in Wisconsin, US.”

• “BESTON GLOBAL FOOD COMPANY LIMITED; Parmesan Cheese Back in Production at Murray Bridge” - 29 March 2017, ASX ComNews

• “Hard victory for parmesan” 3 December 2014, East Torrens Messenger (Extract: “La Vera Fine Cheese Producers, run by the Marmorale family, won the award in Melbourne last week.Judge Neil Willman said the parmesan “showed the fruity and savoury flavours of a well-made parmesan, with just the right dry, crumbly texture”).

Exhibit 3 Non-exhaustive List of Companies Producing Cheese containing the term "parmesan" as a generic name outside Australia Company Name City Website Gold Creek Farms United States https://goldcreekfarms.com/product- category/cheese-collection/award-winning- cheeses/

Saputo Cheese United States https://www.frigocheese.com/en/products/parme USA Inc. (Frigo san Brand)

Schuman Cheese United States http://schumancheese.com/italian-cheese/

Crystal Farms RDC United States http://www.crystalfarmscheese.com/products/

DairiConcepts United States https://www.dairiconcepts.com/wp- (DFA) content/uploads/2017/03/hic-product-sheet.pdf

Company Name City Website Sartori Company United States www.sartoricheese.com

BelGioioso Cheese United States www.belgioioso.com Inc.

Kraft-Heinz Chicago https://www.myfoodandfamily.com/brands/kraftc Company heese/product/00021000054930/kraft- parmesan-finely-shredded-natural-cheese-6-oz- pouch?categoryid=20002?utm_source=google& utm_medium=cpc&utm_campaign=sem- brand&utm_content=knc-shreds

Parma Mexico https://parma.mx/productos/quesos/

Quesos Canut Argentina http://quesoscanut.com.ar/index.php?pagina=list a&idsec=113

Company Name City Website Quesos La Paulian Argentina http://www.lapaulina.com.ar/es/productos- hogar/duros/parmesano

Queijos Scala Brazil http://www.scala.com.br/produto/parmesao-6- meses-de-maturacao

Reliquia da Brazil https://www.quintalcanastra.com.br/kits-da- Canastra canastra/kit-queijo-parmesao-ralado-fiapo- reliquia-da-canastra-10-pc-de-100-g--p

Fonterra - Mainland New Zealand https://www.mainland.co.nz/products/cheese/par division mesan/mainland-parmesan-cheese-block.html

Dairy Works New Zealand https://www.dairyworks.co.nz/product- page/dairyworks-parmesan-grated

Company Name City Website Klein River Cheese South Africa http://kleinrivercheese.co.za/cheese/parmesan/

Calcar Uruguay Uruguay https://www.calcar.com.uy/parmesano.html

Exhibit 4: U.S. Code of Federal Regulations – “parmesan”

FDA Home33 Medical Devices44 Databases55 CFR - Code of Federal Regulations Title 21 The information on this page is current as of April 1 2019. For the most up-to-date version of CFR Title 21, go to the Electronic Code of Federal Regulations (eCFR).66

New Search Help77 | More About 21CFR 88 [Code of Federal Regulations] [Title 21, Volume 2] [Revised as of April 1, 2019] [CITE: 21CFR133.165]

TITLE 21--FOOD AND DRUGS CHAPTER I--FOOD AND DRUG ADMINISTRATION DEPARTMENT OF HEALTH AND HUMAN SERVICES SUBCHAPTER B--FOOD FOR HUMAN CONSUMPTION PART 133 -- CHEESES AND RELATED CHEESE PRODUCTS Subpart B--Requirements for Specific Standardized Cheese and Related Products Sec. 133.165 Parmesan and reggiano cheese.

(a) Parmesan cheese, reggiano cheese, is the food prepared from milk and other ingredients specified in this section, by the procedure set forth in paragraph (b) of this section, or by another procedure which produces a finished cheese having the same physical and chemical properties as the cheese produced when the procedure set forth in paragraph (b) of this section is used. It is characterized by a granular texture and a hard and brittle rind. It grates readily. It contains not more than 32 percent of moisture, and its solids contain not less than 32 percent of milkfat, as determined by the methods prescribed in 133.5 (a), (b), and (d). It is cured for not less than 10 months. (b) Milk, which may be pasteurized or clarified or both, and which may be warmed, is subjected to the action of harmless lactic-acid-producing bacteria, present in such milk or added thereto. Sufficient rennet, or other safe and suitable milk-clotting enzyme that produces equivalent curd formation, or both, with or without purified calcium chloride in a quantity not more than 0.02 percent (calculated as anhydrous calcium chloride) of the weight of the milk, is added to set the milk to a semisolid mass. Harmless artificial coloring may be added. The mass is cut into pieces no larger than wheat kernels, heated, and stirred until the temperature reaches between 115 deg. F and 125 deg. F. The curd is allowed to settle and is then removed from the kettle or vat, drained for a short time, placed in hoops, and pressed. The pressed curd is removed and salted in brine, or dry-salted. The cheese is cured in a cool, ventilated room. The rind of the cheese may be coated or colored.

A harmless preparation of enzymes of animal or plant origin capable of aiding in the curing or development of flavor of parmesan cheese may be added during the procedure, in such quantity that the weight of the solids of such preparation is not more than 0.1 percent of the weight of the milk used. (c)(1) For the purposes of this section, the word "milk" means cow's milk, which may be adjusted by separating part of the fat therefrom or by adding thereto one or more of the following: Cream, skim milk, concentrated skim milk, nonfat dry milk, water in a quantity sufficient to reconstitute any concentrated skim milk or nonfat dry milk used. (2) Such milk may be bleached by the use of benzoyl peroxide or a mixture of benzoyl peroxide with potassium alum, calcium sulfate, and magnesium carbonate; but the weight of the benzoyl peroxide is not more than 0.002 percent of the weight of the milk bleached, and the weight of the potassium alum, calcium sulfate, and magnesium carbonate, singly or combined, is not more than six times the weight of the benzoyl peroxide used. If milk is bleached in this manner, sufficient vitamin A is added to the curd to compensate for the vitamin A or its precursors destroyed in the bleaching process, and artificial coloring is not used. (d) Safe and suitable antimycotic agent(s), the cumulative levels of which shall not exceed current good manufacturing practice may be added to the surface of the cheese. (e) Label declaration. Each of the ingredients used in the food shall be declared on the label as required by the applicable sections of parts 101 and 130 of this chapter, except that enzymes of animal, plant, or microbial origin may be declared as "enzymes". [42 FR 14366, Mar. 15, 1977, as amended at 48 FR 49014, Oct. 24, 1983; 49 FR 10095, Mar. 19, 1984; 58 FR 2894, Jan. 6, 1993]

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Exhibit 5: Cheese export data from Australia to the United States of America

U.S. Cheese Imports from Australia (CY 2018) Values in Thousands of U.S. Dollars 2018 2018 HS Code Product UOM Value Qty 0406.90.0890 CH,CHDDR,QT MT 6,298 1,360.60 0406.90.1200 CH,CHDDR,OQ MT 1,523 337.4 0406.10.9500 CH,F,OT,>.5%F,OQ MT 1,008 117 0406.90.9700 C/SB,IMX,>.5F,OQ MT 371 201.4 0406.10.8800 OTH CHS MT 209 52.8 0406.90.9900 C/SB,IMX,OQ MT 137 4 0406.30.2400 CH,PR,CHDDR,QT MT 78 11.3 0406.30.9100 CH,PR-MX,>.5F,OQ MT 55 36.4 0406.40.7000 CH,B-V,XOL,OQ MT 33 1.6 Grand Total All Cheeses MT 9,711 2,122.40 Source: USDA FAS Database https://apps.fas.usda.gov/gats/ExpressQuery1.aspx

Exhibit 6: US Tariff

[See attachment]

Exhibit 7: European Tarif6 codes

European Commission : Trade : Export Helpdesk

0406 90 61 ------Not exceeding 47 %

0406 90 61 ------Grana Padano, Parmigiano Reggiano

0406 90 63 ------Fiore Sardo, Pecorino

0406 90 63 10 ------Pecorino

0406 90 63 90 ------Other

0406 90 69 ------Other

0406 90 73 ------Exceeding 47 % but not exceeding 72 %

0406 90 73 ------Provolone

0406 90 75 ------Asiago, Caciocavallo, Montasio, Ragusano

0406 90 75 10 ------Caciocavallo

0406 90 75 90 ------Other

0406 90 76 ------Danbo, Fontal, Fontina, Fynbo, Havarti, Maribo, Samsø

0406 90 76 10 ------Fontina

0406 90 76 90 ------Other

0406 90 78 ------Gouda

0406 90 78 10 ------Norwegian

0406 90 78 90 ------Other

0406 90 79 ------Esrom, Italico, Kernhem, Saint-Nectaire, Saint-Paulin, Taleggio

0406 90 79 10 ------Esrom, Italico, Kernhem, Saint-Paulin

0406 90 79 90 ------Other

0406 90 81 ------Cantal, Cheshire, Wensleydale, Lancashire, Double Gloucester, Blarney, Colby, Monterey

0406 90 81 10 ------Cantal

0406 90 81 90 ------Other

0406 90 82 ------Camembert

0406 90 84 ------Brie

0406 90 85 ------Kefalograviera, Kasseri

0406 90 86 ------Other cheese, of a water content, by weight, in the non- fatty matter

0406 90 86 ------Exceeding 47 % but not exceeding 52 %

0406 90 86 20 ------"Tulum Peyniri", made from sheep's milk or 'buffalo' milk, in packings of less than 10 kg

0406 90 86 90 ------Other

0406 90 87 ------Exceeding 52 % but not exceeding 62 %

0406 90 87 20 ------"Tulum Peyniri", made from sheep's milk or 'buffalo' milk, in packings of less than 10 kg

0406 90 87 90 ------Other

0406 90 88 ------Exceeding 62 % but not exceeding 72 %

0406 90 88 20 ------"Tulum Peyniri", made from sheep's milk or 'buffalo' milk, in packings of less than 10 kg

0406 90 88 90 ------Other

0406 90 93 ------Exceeding 72 %

0406 90 99 ----- Other

http://exporthelp.europa.eu/...n§ion=tariff&taricCode=0406000000&prodLine=80&limitLevel=10&simDate=20130627&languageId=en[8/8/2017 11:15:53 AM]

Exhibit 8: EU FTA Clarifications regarding “parmesan”

[See attachment]

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