Luke Butterfield v Joseph Phillips

This matter concerned an opposition by Luke Butterfield to the registration of the trade mark application number 2237513, for the services of plumbing and gas fitting, in the name of Joseph Phillips. The decision was made by Benjamin Goldsworthy.

The primary legal issue before the Registrar was whether any of the grounds of opposition raised by Mr Butterfield had been established, which would necessitate the refusal of Mr Phillips' trade mark application.

The Registrar determined that the opponent, Mr Butterfield, had not established any of the grounds on which the opposition was based. Consequently, pursuant to section 55 of the relevant legislation, the Registrar decided that the trade mark application could proceed to registration. The Registrar also awarded costs against the opponent in favour of the applicant, Joseph Phillips, in accordance with the usual practice and the Trade Marks Regulations 1995.