Gaseosas Lux S.A. v Chris Alexander Sanson

Gaseosas Lux S.A. (the Applicant) sought to register the trade mark 'HIT' in class 32. Chris Alexander Sanson (the Opponent) opposed this application. The matter came before Jock McDonagh, a Hearing Officer for Trade Marks and Designs.

The primary legal issue before the Hearing Officer was whether the Applicant's trade mark application should be refused registration on the grounds of opposition raised by the Opponent. Specifically, the Opponent relied on section 44 of the *Trade Marks Act*, which concerns opposition based on the existence of prior registered trade marks or applications that are identical or deceptively similar to the applied-for mark, and registered or filed for the same or similar goods or services.

The Hearing Officer considered evidence including searches of the Trade Marks Register and a history of the Applicant's business. The Opponent argued that the Applicant's proposed mark was deceptively similar to existing registered marks. The Hearing Officer noted that the status of certain cited registrations (whether active, lapsed, or removed) was a point of discussion, referencing a decision concerning "zombie" applications. However, the Hearing Officer determined that the life, death, or resurrection of these cited marks had no bearing on the present decision. Ultimately, the Hearing Officer found that the Applicant's trade mark was deceptively similar to the Opponent's Mark, thereby establishing the ground of opposition under section 44 of the Act.

As a result of establishing the ground of opposition, the Hearing Officer, acting as Delegate of the Registrar, refused to register the trade mark application. The Hearing Officer also awarded costs to the Opponent, following the general rule that costs follow the event.