Red Bull GmbH v Leonard Grout

Red Bull GmbH (the Applicant) sought to register trade mark 2231913. Leonard Grout (the Opponent) opposed the registration. The decision was made by the Registrar.

The primary legal issue before the Registrar was whether to register the trade mark, having regard to the grounds of opposition. Specifically, the Registrar had to determine if any of the grounds on which the application was opposed had been established.

The Registrar reasoned that the Opponent had established a ground of opposition under section 44 of the relevant legislation. Consequently, the Registrar decided to refuse the registration of the trade mark. The Registrar also directed that if a notice of appeal was served, registration would be stayed pending the outcome of the appeal. The Registrar awarded costs against the Applicant in favour of the Opponent, applying the general principle that costs follow the event.