Home Box Office, Inc v Isaias Florenca

In this matter before Hearing Officer Heath Wilson of the Trade Marks Hearings, Home Box Office, Inc. (the opponent) opposed two trade mark applications by Isaias Florenca (the applicant). The applications sought to register the trade marks ‘absofcukinglutely’ and ‘Sex in the City’.

The primary legal issue before the Hearing Officer was whether the grounds of opposition raised by Home Box Office, Inc. were established, thereby requiring the refusal of the applicant's trade mark applications.

The Hearing Officer found that the opponent had successfully established grounds of opposition under the relevant Act in relation to both trade mark applications. Consequently, the applicant was unsuccessful. The Hearing Officer therefore refused to register both trade mark applications. As the opponent was successful, full costs were awarded against the applicant for the first opposition, with costs for the second opposition to be taxed in accordance with established principles.