Forbo Management SA v Yuxuan Yang

The decision in *Forbo Management SA v Yuxuan Yang* concerned a trade mark opposition. The applicant, Forbo Management SA, sought to register trade mark application number 2385526. The opponent, Yuxuan Yang, opposed this application. The Registrar was required to decide whether to register the trade mark.

The primary legal issue before the Registrar was whether any of the grounds of opposition raised by Yuxuan Yang had been established. Section 55 of the relevant legislation outlines the Registrar's power to decide on trade mark applications, requiring consideration of any established grounds of opposition.

The Registrar reasoned that the opponent had not established any grounds for opposing the trade mark application. Consequently, the Registrar decided that the trade mark application could proceed to registration one month from the date of the decision, unless the Registrar was served with a notice of appeal. In that event, the disposition of the application would be in accordance with any court order or direction. The Registrar also awarded costs against the opponent, applying the usual principle that costs follow the event.