Kenzo SA v Kenzo Tsujimoto

The decision concerns an opposition by Kenzo Tsujimoto (the opponent) to the registration of a trade mark by Kenzo SA (the applicant). The Registrar of Trade Marks was required to determine whether to register the trade mark, having regard to the grounds of opposition raised by Kenzo Tsujimoto.

The primary legal issue before the Registrar was whether any of the grounds on which the opposition was based had been established. Section 55 of the relevant Act mandates that the Registrar must decide to refuse or register a trade mark, taking into account any established grounds of opposition.

The Registrar found that the opponent had not established its opposition under any of the grounds argued, nor under other grounds previously noted in the Notice of Opposition. Consequently, the Registrar decided to register the trade mark. The Registrar also directed that the trade mark could proceed to protection one month from the date of the decision, unless a notice of appeal was served, in which case protection would be stayed until the appeal was resolved. The opponent was ordered to pay the applicant's costs on the official scale.