Saks & Company v Ebru Sak

In this matter before Bianca Irgang, the dispute concerned a trade mark application, number 1287716, filed by Ebru Sak. Saks & Company acted as the opponent in the proceedings. The core of the disagreement revolved around the grounds of opposition raised by Saks & Company against the registration of Ebru Sak's trade mark.

The primary legal issue before the court was whether the opponent, Saks & Company, had discharged the onus of proof required to establish its grounds of opposition under section 60 of the relevant Act. This section pertains to the grounds upon which a trade mark application can be opposed.

The court found that Saks & Company had successfully met the onus placed upon it concerning the grounds of opposition argued during the hearing. Consequently, the court refused to register the trade mark application. Applying the general principle that costs follow the event, the court awarded costs against the applicant, Ebru Sak, to be assessed according to the official scale in Schedule 8 of the Trade Marks Regulations 1995.