Opposition by Collinson Group (Trademarks) Ltd to registration of trade mark application numbers 2199313 (9, 35, 43) –

This decision concerns an opposition by Collinson Group (Trademarks) Ltd to the registration of trade mark application numbers 2199313 and 2199315. The proceedings were heard by Louise Tuohy.

The primary legal issue before the Registrar was whether any of the grounds of opposition raised by Collinson Group (Trademarks) Ltd had been established.

The Registrar reasoned that as the Opponent had not established any grounds of opposition, the applications were not barred from registration. Section 55 of the relevant legislation mandates that the Registrar must decide to refuse or register a trade mark having regard to the extent to which any ground of opposition has been established. In this instance, no grounds were established, leading to the conclusion that the applications could proceed.

Consequently, the Registrar decided that trade mark application numbers 2199313 and 2199315 may proceed to registration one month from the date of the decision, unless a notice of appeal was served, in which case the disposition would be in accordance with the Court's order. Costs were awarded against the Opponent.