GoPro, Inc v Shenzhen Maisi Digital Co., Ltd

This decision concerns a trade mark opposition proceeding before the Registrar of Trade Marks. The applicant was GoPro, Inc., and the opponent was Shenzhen Maisi Digital Co., Ltd. The dispute centred on Shenzhen Maisi Digital Co., Ltd.'s opposition to GoPro, Inc.'s application to register trade mark number 2275207.

The primary legal issue before the Registrar was whether any of the grounds of opposition raised by Shenzhen Maisi Digital Co., Ltd. had been established. Section 55 of the relevant legislation outlines the Registrar's obligation to decide whether to refuse or register a trade mark, having regard to the grounds of opposition.

The Registrar determined that the opponent, Shenzhen Maisi Digital Co., Ltd., had failed to establish any of the grounds of opposition it had nominated. Consequently, the Registrar decided that the trade mark application could proceed to registration. The Registrar also ordered that the opponent pay the applicant's costs, applying the usual principle that costs follow the event. Registration was directed to occur not less than one month from the date of the decision, unless a notice of appeal was served within that period, in which case registration would be stayed pending the outcome of the appeal.