Ford Motor Company v Darryl Manning

This decision concerns an opposition by Ford Motor Company to the registration of a trade mark by Darryl Manning. The Hearings Officer, Jock McDonagh, was required to determine whether the grounds of opposition raised by Ford Motor Company had been established.

The primary legal issue before the Hearings Officer was whether the use of the applicant's proposed trade mark would be contrary to law, as alleged by the opponent. The Hearings Officer also had to consider the general principles of trade mark opposition proceedings, specifically the Registrar's obligation under section 55 of the Act to decide whether to refuse or register a trade mark based on the grounds of opposition.

The Hearings Officer found that the opponent had not satisfied the onus of proof in establishing that the use of the applicant's trade mark would be contrary to law. Consequently, none of the grounds of opposition relied upon by Ford Motor Company were established. The Hearings Officer therefore directed that the trade mark application could proceed to registration one month from the date of the decision, subject to any appeal. The Hearings Officer also awarded costs against the opponent.