Markline Inc v Nu Beginnings NYC Inc

This decision concerns an opposition to a trade mark application brought by Markline Inc. against Nu Beginnings NYC Inc. The hearing officer, Terry Williams, was tasked with determining whether the opposition was successful.

The primary legal issue before the hearing officer was whether the opponent, Markline Inc., had established its grounds for opposing the registration of Nu Beginnings NYC Inc.'s trade mark under section 44 of the relevant legislation.

The hearing officer found that the opponent had not established its grounds under section 44. Consequently, the trade mark application was permitted to proceed to registration one month after the date of the decision, unless a notice of appeal was served on the Registrar within that period, in which case registration would be stayed pending the appeal. As the applicant had taken no part in the opposition proceedings and had failed to respond to correspondence, no order for costs was made.