Swatch Ag v Christopher Gray

This decision concerns an opposition by Swatch AG to the registration of a trade mark by Christopher Gray. The matter came before the Registrar of Trade Marks.

The primary legal issue before the Registrar was whether the grounds of opposition raised by Swatch AG had been established, thereby requiring the Registrar to refuse the trade mark application under section 55 of the relevant Act.

The Registrar reasoned that as the opponent had not established its grounds of opposition, the trade mark application was able to proceed to registration. The Registrar directed that registration would occur one month from the date of the decision, unless an appeal had been filed, in which case registration would be deferred until the appeal was resolved.