Opposition by Henkel AG & Co. KGaA to registration of trade mark application numbers 2238310 (class 3) –

Henkel AG & Co. KGaA (the Opponent) opposed the registration of trade mark application numbers 2238310 and 2238311 (the Claimed Marks) in Class 3. The decision was made by the Registrar of Trade Marks, who was required to determine whether to refuse or register the trade marks, considering the grounds of opposition raised by the Opponent.

The primary legal issue before the Registrar was whether the Opponent had established any of the grounds on which the applications were opposed, specifically under section 41 of the relevant legislation. This section pertains to the registrability of trade marks based on their inherent distinctiveness or acquired distinctiveness.

The Registrar found that the Opponent had successfully established the ground of opposition under section 41 in respect of both Claimed Marks. Consequently, the Registrar decided to refuse the registration of trade marks 2238310 and 2238311. The Registrar also awarded costs against the Applicant, noting that costs typically follow the event, and referencing a previous decision for the manner of awarding costs.