Pacific Incubator of Intellectual Property Ltd v Wentworth Annexe Ltd

Pacific Incubator of Intellectual Property Ltd (the Applicant) sought to register trade mark application no. 1593732, and Wentworth Annexe Ltd (the Opponent) opposed this application. The decision was made by Jock McDonagh, a Hearings Officer at the Trade Marks Hearings.

The primary legal issue before the Hearings Officer was whether the Opponent had established any of the grounds of opposition to the Applicant's trade mark application. Specifically, the decision mentions that the section 62A ground of opposition was considered.

The Hearings Officer found that the Opponent had failed to establish any of the grounds of opposition, including the section 62A ground. Consequently, the Hearings Officer determined that the trade mark application could proceed to registration.

The trade mark application was ordered to proceed to registration not less than one month from the date of the decision, subject to any appeal. The Applicant, as the successful party, was awarded its costs against the Opponent in accordance with the Trade Marks Regulations 1995.