Funtastic Ltd v Albasio La Pegna

In *Funtastic Ltd v Albasio La Pegna*, the applicant sought to register a trade mark, and the opponent, Funtastic Ltd, opposed this application. The decision was made by Ian Thompson, a Hearing Officer at Trade Marks Hearings, on 7 November 2005.

The primary legal issue before the Hearing Officer was whether the grounds of opposition raised by Funtastic Ltd had been established to the required standard. Specifically, the opponent's opposition under section 60 of the *Trade Marks Act* hinged on the reputation of its own trade mark prior to the priority date of the application.

The Hearing Officer found that the onus was on the opponent to establish its opposition through evidence. As the reputation of the opponent's trade mark was central to its section 60 claim, and this reputation had not been sufficiently demonstrated by evidence, the Hearing Officer concluded that no ground of opposition had been established. Consequently, the Hearing Officer ordered that the trade mark application could proceed to registration one month from the date of the decision, unless an appeal was filed, in which case registration would be stayed pending the outcome of the appeal. The opponent was also ordered to pay costs.