Hola S.L. v Ryan Fitzgibbon

This decision concerns an application by Hola S.L. for registration of trade mark application no. 1506192, which was opposed by Ryan Fitzgibbon. The matter came before the Registrar.

The primary legal issue before the Registrar was whether to register the trade mark, having regard to the grounds on which the application was opposed. Specifically, the Registrar was required to determine if any ground of opposition had been established.

The Registrar found that a ground of opposition under section 44 of the Act had been established. Applying section 55(1) of the Act, which mandates a decision to refuse or register a trade mark having regard to established grounds of opposition, the Registrar refused to register the trade mark. The Registrar also considered the opponent's request for an award of costs.

The Registrar ordered that the trade mark application be refused. Further, in accordance with the principle that costs ordinarily follow the event and pursuant to section 221 of the Act, the Registrar awarded costs against the applicant, to be assessed in accordance with Schedule 8 of the Trade Marks Regulations 1995.