Blend A/S v Barefoot Dreams, Inc

This decision concerns an opposition by Blend A/S to the registration of a trade mark by Barefoot Dreams, Inc. The opposition was heard by a Hearing Officer of the Trade Marks and Designs office.

The Hearing Officer was required to determine whether the grounds of opposition raised by Blend A/S under section 44(1) of the relevant Act had been established. Section 55 of the Act also required the Hearing Officer to decide whether to refuse or register the trade mark, having regard to the established grounds of opposition.

The Hearing Officer found that at least one requirement of section 44(1) was not satisfied, meaning the ground of opposition under that section was unsuccessful. Consequently, the Hearing Officer decided that the trade mark application should proceed to registration, subject to a one-month period from the date of the decision, unless an appeal was filed. The Hearing Officer also awarded costs against the Opponent in favour of the Applicant, applying the usual principle that costs follow the event.