Jasco Pty (New Zealand) Limited v Kittrich Corporation

Jasco Pty (New Zealand) Limited (the applicant) sought to register a trade mark, but its application was opposed by Kittrich Corporation (the opponent). The decision was made by Iain Campbell Thompson, acting as the Registrar of Trade Marks.

The Registrar was required to decide whether to register the trade mark application, having regard to the grounds on which the application was opposed. The Registrar also had to determine the appropriate order for costs.

The Registrar refused to register the trade mark application. In making this decision, the Registrar considered the nature of the trade marks of both parties. Given the circumstances, the Registrar made no award of costs, directing that each party bear its own costs.