Nicholas Compton v Michael Madigan

This decision concerns an application by Nicholas Compton (the Applicant) to register a trade mark, which was opposed by Michael Madigan (the Opponent). The matter came before Robert Wilson, acting as a delegate of the Registrar of Trade Marks. The core of the dispute was the Opponent's challenge to the registration of the Applicant's trade mark.

The primary legal issue before the delegate was whether any of the grounds of opposition raised by the Opponent had been established, thereby requiring the Registrar to refuse registration of the trade mark. Specifically, the delegate was required to consider the grounds of opposition in light of section 55 of the relevant legislation, which mandates the Registrar's decision to register or refuse registration based on established grounds of opposition.

The delegate found that the Opponent had successfully established a ground of opposition pursuant to section 41. Applying section 55(1)(a), the delegate therefore refused to register the trade mark. In accordance with the general rule that costs follow the event, and having found a ground of opposition to be established, the delegate awarded costs against the Applicant in favour of the Opponent, to be assessed in accordance with Schedule 8 of the Trade Mark Regulations 1995.