Dawn Foods Inc v Golden Harvest Foods (Pvt) Ltd

The decision concerns an application to register a trade mark by Golden Harvest Foods (Pvt) Ltd, opposed by Dawn Foods Inc. The Registrar of Trade Marks was required to decide whether to register the trade mark, having regard to the grounds of opposition.

The primary legal issue before the Registrar was to determine whether any grounds of opposition under section 44 of the relevant legislation had been established, and if so, to decide whether to refuse registration or register the trade mark with conditions or limitations. The Registrar also had to consider the question of costs.

The Registrar found that the Opponent had established at least one ground of opposition under section 44 in respect of some of the designated goods. Consequently, the Registrar indicated an intention to refuse registration unless the Applicant agreed to amend the list of designated goods. The Applicant agreed to the proposed amendments, and the Registrar directed that the trade mark should proceed to registration after the usual appeal period, subject to any appeal being decided or discontinued. The Registrar declined to make an award of costs, noting that both parties had achieved some measure of success.