Capogreco Salvatore v Hangzhou Mainto Photography Co., Ltd

The decision concerns an application by Capogreco Salvatore to register trade mark 2299853, opposed by Hangzhou Mainto Photography Co., Ltd. The Registrar was required to decide whether to register the trade mark, having regard to the grounds of opposition.

The central legal issue was whether any of the grounds on which Hangzhou Mainto Photography Co., Ltd opposed the registration of trade mark 2299853 had been established.

The Registrar determined that the Opponent had not established any ground of opposition. Accordingly, the Registrar decided that trade mark 2299853 may proceed to registration one month from the date of the decision, unless the Registrar is served with a notice of appeal. In the event of an appeal, registration is directed not to occur until the appeal has been decided or discontinued, with the disposition of the application to otherwise be in accordance with the Court’s order or direction.