Re: Opposition by Homelink Real Estate Agency Co., Ltd. to registration of trade mark application number 1786400 (class 36) &#38142

This matter concerned an opposition by Homelink Real Estate Agency Co., Ltd. to the registration of trade mark application number 1786400 in class 36. The decision was made by Adrian Richards.

The primary legal issue before the court was whether the grounds on which the application was opposed had been established, and consequently, whether the trade mark should be registered or refused. Specifically, the court was required to consider the provisions of section 55 of the Act, which outlines the Registrar's obligations in deciding on a trade mark application following an opposition.

The court found that the opponent had established the section 58 ground of opposition. Applying section 55(1)(a) of the Act, the court decided that the trade mark application must be refused registration. The court also addressed the matter of costs, noting that costs typically follow the event and finding no reason to depart from this general rule, thus awarding costs against the applicant.