Tequila Cuervo, S.A. De C.V. v Fabrica De Aguardientes De Agave La Mexicana S.A.de C.V

The dispute before the court involved an application by Tequila Cuervo, S.A. De C.V. (the Applicant) to register a trade mark, which was opposed by Fabrica De Aguardientes De Agave La Mexicana S.A.de C.V (the Opponent). The decision concerns the Registrar's determination of this opposition.

The primary legal issue before the Registrar was whether any of the grounds on which the Applicant's trade mark application was opposed had been established. This determination was to be made pursuant to subsection 55(1) of the Act, which mandates the Registrar to decide whether to refuse or register the trade mark, having regard to the established grounds of opposition.

The Registrar found that the Opponent had successfully established a ground of opposition. Consequently, applying the general principle that costs follow the event, the Registrar awarded costs to the Opponent against the Applicant, to be assessed according to the official scale set out in Schedule 8 of the Trade Marks Regulations 1995.