Kenneth & Debbie Shirvington v Funtastic Limited

In this matter before Hearing Officer Iain Thompson of Trade Marks and Designs Hearings, the opponents, Kenneth and Debbie Shirvington, sought to oppose the registration of a trade mark by the applicant, Funtastic Limited. The core of the dispute concerned whether the proposed trade mark was deceptively similar to existing trade marks owned by the opponents, thereby infringing upon their rights under section 44 of the relevant Act.

The primary legal issue before the Hearing Officer was to determine whether the grounds of opposition, specifically those relating to deceptive similarity under section 44, had been established by the opponents. The Hearing Officer was required to assess the degree of similarity between the applicant's proposed mark and the opponents' existing marks to ascertain if there was a likelihood of deception or confusion among consumers.

The Hearing Officer found that the trade mark in question was not deceptively similar to any existing trade marks relied upon by the opponents. Consequently, the opponents had failed to establish their opposition on the grounds presented. In accordance with section 55 of the Act, the Hearing Officer directed that the trade mark application could proceed to registration one month from the date of the decision, unless an appeal was filed. The Hearing Officer also ordered that the opponents pay the applicant's costs on the official scale.