Re: Opposition by Annco, Inc to registration of trade mark application no. 1874506 Aeroloft in the name of Nike Innovate C.V. And Request by Annco, Inc. to amend the statement of grounds and particulars

This matter concerned an opposition by Annco, Inc. to the registration of the trade mark application no. 1874506, "Aeroloft", in the name of Nike Innovate C.V. Annco, Inc. also sought to amend its statement of grounds and particulars. The decision was made by Bianca Irgang, acting as delegate for the Registrar of Trade Marks.

The primary legal issue before the delegate was whether Annco, Inc. had established sufficient grounds to oppose the registration of the "Aeroloft" trade mark. This involved considering whether the mark was, in fact, deceptively similar to Annco's existing trade marks, and whether the use of "Aeroloft" by Nike would be likely to deceive or cause confusion among consumers. A secondary issue was whether Annco should be permitted to amend its statement of grounds and particulars.

The delegate considered the evidence presented by both parties regarding the respective trade marks and their use in the marketplace. The delegate applied the established legal principles for assessing deceptive similarity, which involve a comparison of the marks as a whole, considering their visual, aural, and conceptual similarities, and the likelihood of imperfect recollection by consumers. The delegate also considered the relevant case law concerning amendments to pleadings in opposition proceedings, balancing the need for a fair hearing against the potential prejudice to the applicant.

The delegate ultimately dismissed Annco, Inc.'s opposition and refused its request to amend the statement of grounds and particulars.