Comité International Olympique v Calcados Az Aleia S/A

The decision concerned an opposition by the Comité International Olympique (the Opponent) to the registration of a trade mark application by Calcados Az Aleia S/A (the Applicant). The Registrar was required to decide whether to register the trade mark, having regard to the grounds on which the application was opposed.

The primary legal issue before the Registrar was whether any of the grounds on which the application was opposed had been established to the extent that registration should be refused. This involved an assessment of the evidence presented by both parties in relation to the opposition.

The Registrar reasoned that, based on the evidence, the grounds for opposition had been established, leading to the refusal of the trade mark application. The Registrar applied subsection 55(1) of the Act, which mandates a decision to refuse or register a trade mark having regard to the established grounds of opposition.

The Registrar ordered that the trade mark application be refused and awarded costs to the Opponent on the Official Scale.