Rado Uhren AG (Rado Watch Co. Ltd) (Montres Rado SA) v Aleksandr Vladimirovich Suvorin

This decision concerns opposition proceedings before the Trade Marks Hearings office, presided over by Hearings Officer Jock McDonagh. The opponent, Rado Uhren AG (also known as Rado Watch Co. Ltd and Montres Rado SA), opposed the extension of protection for Australian trade mark application 1249398 (IRDA No 965238), filed by Aleksandr Vladimirovich Suvorin.

The primary legal issue before the Hearings Officer was whether any of the grounds of opposition raised by Rado Uhren AG had been established, thereby requiring a decision on whether to refuse or extend protection for the trade mark application. The decision specifically notes that the opponent succeeded on the ground of opposition under section 44 of the relevant Act.

The Hearings Officer reasoned that having found in favour of the opponent on the ground under section 44, it was unnecessary to consider the other grounds of opposition. Regulation 17A.34(1) mandates that the Registrar must decide to refuse protection or extend it, having regard to the extent to which any ground of opposition has been established. As the opponent successfully established the ground under section 44, the Hearings Officer refused to extend protection to the application in respect of all goods listed. The Hearings Officer also awarded costs to the opponent as the successful party.