Enagic Co. Ltd to registration of trade mark application 1798917 (35) – KANGEN – in the name of Horizons (Asia) Pty Ltd

This matter concerned an opposition by Enagic Co. Ltd to the registration of trade mark application number 1798917, for the mark KANGEN in class 35, filed by Horizons (Asia) Pty Ltd. The decision was made by Nicholas Smith, a Hearing Officer.

The primary legal issue before the Hearing Officer was whether the Opponent, Enagic Co. Ltd, had successfully established any of the grounds of opposition it had nominated in its Statement of Grounds and Particulars. The text specifically refers to a failure to establish the ground of opposition under section 62A of the relevant Act.

The Hearing Officer found that the Opponent had failed to establish the ground of opposition under section 62A, and further, had failed to establish any of the other nominated grounds. Consequently, the Hearing Officer determined that the trade mark application could proceed to registration. The Hearing Officer also ordered that costs follow the event, awarding costs against the Opponent in favour of the Applicant.