Havana Club Holding SA and Corporacion Cuba Ron S.A. v 1872 Holdings, V.O.F

Havana Club Holding SA and Corporacion Cuba Ron S.A. (the opponents) opposed the registration of three trade mark applications by 1872 Holdings, V.O.F. (the applicant). The opposition was heard by Bianca Irgang, a Hearing Officer at the Trade Marks Hearings. The opponents contended that the applicant's trade mark applications should be refused on grounds under sections 42, 43, and 61 of the relevant Act.

The primary legal issue before the Hearing Officer was whether any of the grounds of opposition raised by the opponents had been established to the extent that the applicant's trade mark applications should be refused. Specifically, the opponents argued that the applicant's proposed marks were not registrable due to issues related to sections 42, 43, and 61 of the Act. If any one ground of opposition was successfully established in relation to all the specified goods, the other grounds would not require consideration.

The Hearing Officer found that the opponents had discharged the onus of proof in relation to the ground of opposition under section 61 of the Act. Consequently, the Hearing Officer decided to refuse the registration of the applicant's trade mark applications numbered 1572280, 1604966, and 1604967. Following the usual principle that costs follow the event, the Hearing Officer awarded costs against the applicant in accordance with Schedule 8 of the Regulations.