Acorn Capital Ltd v Acorns Grow Incorporated

Acorn Capital Ltd opposed the registration of the trade mark application number 2018837, "ACORNS GROW", in class 9, by Acorns Grow Incorporated. The decision was made by Benjamin Goldsworthy.

The primary legal issue before the Registrar was whether to refuse or register the trade mark application, having regard to the grounds of opposition raised by Acorn Capital Ltd. Specifically, the Registrar was required to determine if any of the grounds of opposition had been established.

The Registrar found that the ground of opposition under section 44 of the relevant legislation had been established by the Opponent. Consequently, the Registrar decided to refuse the registration of trade mark 2018837. The Registrar also awarded costs against the Applicant in favour of the Opponent, in accordance with the applicable regulations.