Felder KG v SawStop, LLC

Felder KG (the Opponent) opposed the registration of a trade mark by SawStop, LLC (the Applicant). The dispute concerned the Applicant's proposed trade mark, which the Opponent argued should not be registered. The hearing officer, Blake Knowles, considered the opposition.

The legal issues before the hearing officer included whether the Opponent had established any of the grounds of opposition pressed, specifically under sections 41, 42(b), 43, 59, 62(b), and 62A of the relevant legislation, and regulation 4.15A. The Opponent bore the burden of proving at least one ground on the balance of probabilities, with the rights of the parties assessed as at the relevant date.

The hearing officer found that the Opponent had established a ground of opposition under regulation 4.15A(1). This finding was based on the evidence presented by both parties regarding the use of their respective marks. The Opponent's evidence suggested the Applicant's mark was used descriptively, while the Applicant's evidence indicated use since 2013. However, the specific details leading to the establishment of the regulation 4.15A ground were not elaborated upon in the provided text beyond the conclusion that it was established.

As a result of establishing a ground of opposition under regulation 4.15A, the hearing officer refused the registration of the Applicant's trade mark. The refusal was to be recorded one month from the date of the decision, unless an appeal was filed. The Opponent was awarded costs against the Applicant.