JLIP, LLC v Greg Weige as Trustee for the Jetlev Trust

The decision concerns an application to register the trade mark "JETLEV" (application number 1457715(12)) by JLIP, LLC (the Applicant) and an opposition by Greg Weige as Trustee for the Jetlev Trust (the Opponent). The matter was heard by Iain Campbell Thompson.

The central legal issue before the court was whether the trade mark application should be registered, having regard to the grounds on which the application was opposed. This required the court to consider the extent to which those grounds of opposition had been established.

The court determined that the grounds of opposition had been established, leading to a refusal to register the trade mark. The court applied subsection 55(1) of the relevant Act, which mandates the Registrar to decide whether to refuse or register a trade mark based on the established grounds of opposition. As the Opponent was successful in its opposition, the court awarded costs to the Opponent on the official scale against the Applicant.