Peak Performance Production AB v 1st Phorm International, LLC

Peak Performance Production AB, the applicant, sought to register a trade mark. 1st Phorm International, LLC, the opponent, opposed this application. The dispute concerned the registrability of the trade mark across various classes of goods and services. The decision was made by Tracey Berger, Hearing Officer and Delegate of the Registrar of Trade Marks.

The primary legal issue before the Hearing Officer was whether the trade mark should be registered as applied for, or if the opposition grounds raised by 1st Phorm International, LLC were valid. Specifically, the opposition related to the inclusion of goods within class 25.

The Hearing Officer determined that the opposition was established with respect to the goods in class 25. Consequently, Peak Performance Production AB was informed that the trade mark would not be registered unless class 25 was deleted from the application. Following this notification, the applicant made the necessary amendment, deleting class 25. The Hearing Officer found that, with this amendment, the opposition was not established for the remaining classes of goods and services.

As a result of the amendment, the trade mark may proceed to registration in classes 5, 9, 29, 30, 32, and 41 one month from the date of the decision, unless an appeal is filed. In the event of an appeal, registration is stayed until the appeal is decided or discontinued. Both parties sought costs, but as each party achieved some success, no order for costs was made.