Opposition by Stichting BDO to registration of trade mark application number 2308443 (classes 35 and 41) -

The dispute before the Registrar concerned an opposition by Stichting BDO to the registration of trade mark application number 2308443, filed in classes 35 and 41. The Registrar was required to decide whether to refuse or register the trade mark, considering the grounds of opposition raised by Stichting BDO.

The primary legal issue was whether any of the grounds on which the application was opposed had been established, as required by section 55 of the relevant legislation. Specifically, the Registrar had to determine if the opposition was successful on any of the grounds presented.

The Registrar found that the Opponent had established a ground of opposition under section 59. Consequently, the Registrar decided to refuse the registration of trade mark 2308443. In accordance with the usual practice that costs follow the event, the Registrar awarded costs against the Applicant, to be calculated according to Schedule 8 of the Regulations.