The Sunrider Corporation v Vitasoy International Holdings Limited

The Sunrider Corporation (the applicant) sought to register a trade mark, and Vitasoy International Holdings Limited (the opponent) opposed this application. The decision was made by Debrett Lyons, a Hearing Officer in Trade Marks Hearings.

The primary legal issue before the Hearing Officer was whether to register the applicant's trade mark, having regard to the grounds of opposition raised by the opponent. Section 55 of the relevant Act mandates that the Registrar must decide to refuse or register a trade mark based on the extent to which any ground of opposition has been established.

The Hearing Officer found that at least one ground of opposition had been established. Consequently, applying section 55 of the Act, the Hearing Officer decided to refuse the registration of the trade mark. The Hearing Officer also ordered that the applicant pay the opponent's costs according to the official scale.