Automobile Club De L'Oeust v Gardiakos

In *Automobile Club De L'Oeust v Gardiakos*, heard by Jock McDonagh, a Hearing Officer of the Trade Marks Hearings, the applicant sought to register two trade mark applications, numbered 811110 and 826350. The opponent, Automobile Club De L'Oeust, opposed these applications.

The primary legal issue before the Hearing Officer was whether the opponent had established sufficient grounds to oppose the registration of the trade marks. Specifically, the Hearing Officer was required to determine if the grounds of opposition relied upon by the opponent were made out.

The Hearing Officer found that the opponent had successfully established the s.44 ground of opposition in relation to application 826350. Consequently, the Hearing Officer concluded that the opponent had succeeded on the grounds of opposition it relied upon. As a result, pursuant to s.55 of the Act, the Hearing Officer refused to register both applications 811110 and 826350. The Hearing Officer also awarded costs against the applicant in favour of the successful opponent.