Philip Morris Products SA v PT Perusahaan Dagang Dan Industri Tresno

Philip Morris Products SA (the applicant) sought to register trade mark application 1188564. PT Perusahaan Dagang Dan Industri Tresno (the opponent) opposed this application. The decision was made by Iain Thompson, presumably in a trade mark tribunal or similar administrative body given the reference to the Registrar and section 55 of an unspecified Act.

The central legal issue before the Registrar was whether to register the trade mark application, having regard to the grounds of opposition raised by the opponent. Section 55 of the Act mandates that the Registrar must decide to either refuse or register a trade mark, with or without conditions, based on the extent to which any opposed grounds have been established.

The Registrar determined that the application should be refused. While the specific grounds of opposition are not detailed in the provided text, the Registrar's decision to refuse registration indicates that at least one ground of opposition was found to have been established to a sufficient extent. Consequently, the Registrar ordered that the trade mark application be refused and awarded costs to the opponent on the official scale.