South Cone, Inc v Riffe International, Inc

The decision concerns an application for the registration of a trade mark, opposed by Riffe International, Inc. The applicant was South Cone, Inc. The Registrar of Trade Marks was required to decide whether to register the trade mark, having regard to the grounds of opposition.

The primary legal issue before the court was whether any of the grounds on which the application was opposed had been established. The court was also required to determine the appropriate order for costs, given that the opponent had sought its costs in the event of a successful opposition, which did not occur.

The court found that the grounds on which the application was opposed had not been established. Accordingly, the court directed that the trade mark application could proceed to registration one month from the date of the decision, unless an appeal was filed. If an appeal was filed, registration would be stayed until the appeal was decided or discontinued, with the disposition of the application to follow the court's order. As the opponent did not succeed in its opposition, the court awarded costs against the opponent.