Maison Villevert v Begin Distilling Limited

Maison Villevert (the Applicant) sought to register trade mark application number 2085972. Begin Distilling Limited (the Opponent) opposed this application. The decision was made by Nicholas Smith, a Hearing Officer and Delegate of the Registrar of Trade Marks.

The primary legal issue before the Hearing Officer was whether the Opponent had successfully established the ground of opposition it nominated under section 44 of the relevant legislation.

The Hearing Officer found that the Opponent had failed to establish the nominated ground of opposition. Consequently, the trade mark application was permitted to proceed to registration, subject to a one-month waiting period from the date of the decision, unless an appeal was filed. If an appeal was filed, registration would be stayed until the appeal was resolved. The Applicant was awarded costs against the Opponent, in accordance with the general rule that costs follow the event, and the relevant provisions of Schedule 8 of the Regulations.