Unilever PLC v Kailis Organic Olive Groves Ltd

The decision concerns an application for trade mark registration by Kailis Organic Olive Groves Ltd, opposed by Unilever PLC. The Registrar of Trade Marks was required to determine the outcome of the opposition proceedings.

The primary legal issue before the Registrar was whether any of the grounds raised by the opponent, Unilever PLC, in its Notice of Opposition had been established. This determination would dictate whether the trade mark application could proceed to registration.

The Registrar found that the opponent had been unsuccessful in establishing any of the grounds of opposition. Consequently, pursuant to section 55 of the relevant Act, the Registrar decided that the trade mark application could proceed to registration one month from the date of the decision, unless an appeal was filed. The Registrar also ordered that if an appeal was filed, registration would be stayed pending the outcome of the appeal. The Registrar awarded costs against the unsuccessful opponent, Kailis Organic Olive Groves Ltd.