Sixty International SA v New Balance Athletic Shoe, Inc

The decision in *Sixty International SA v New Balance Athletic Shoe, Inc* was made by Iain Thompson. The dispute concerned an application to register a trade mark, which was opposed by New Balance Athletic Shoe, Inc. The Registrar was required to decide whether to refuse or register the trade mark, taking into account the grounds of opposition.

The primary legal issue before the Registrar was to determine the extent to which the grounds on which the opposition was based had been established. This determination would then dictate the Registrar's decision regarding the registration of the trade mark.

The Registrar found that the opponent had not established its opposition to the registration of the trade mark. Consequently, the Registrar decided that the trade mark application could proceed to registration one month from the date of the decision, unless an appeal was filed. In the event of an appeal, registration was to be stayed until the appeal was resolved. The applicant, having been successful, was awarded costs against the opponent on the official scale.