KRBL Ltd v PK Overseas Pvt Ltd

The applicant, KRBL Ltd, sought to register trade mark application 1700721. The opponent, PK Overseas Pvt Ltd, opposed this application. The decision was made by M. Cooper.

The primary legal issue before the court was whether to register the trade mark application, having regard to the grounds on which the application was opposed and whether those grounds had been established.

The court applied section 55 of the Act, which mandates the Registrar to decide whether to refuse or register a trade mark application based on the established grounds of opposition. In this instance, the court found that the opponent had successfully established a ground of opposition. Consequently, the court refused to register the trade mark application. The court also ordered that costs follow the event, awarding costs against the applicant in accordance with Schedule 8 of the Trade Mark Regulations 1995.