The Coca-Cola Company v Matthew Shea

The Coca-Cola Company (the applicant) sought to register trade mark application 1153953. Matthew Shea (the opponent) opposed this application. The decision was made by Jock McDonagh.

The primary legal issue before the court was whether the grounds of opposition raised by the opponent had been established, thereby requiring the Registrar to refuse the trade mark application under section 55 of the Act. Specifically, the court considered the ground of opposition under section 44.

The court found that the opponent had discharged the onus placed upon it to establish its ground of opposition under section 44. Consequently, the court refused to register the trade mark application. The court also ordered that the unsuccessful applicant pay the opponent's costs, following the usual principle that costs follow the event.