Volkswagen AG v Anton David Kardos

This matter concerned an opposition by Volkswagen AG to the registration of trade mark application number 1156865, filed in the name of Anton David Kardos. The opposition was heard by Hearing Officer Debrett Lyons of the Trade Marks Hearings office.

The primary legal issue before the Hearing Officer was whether any of the grounds of opposition raised by Volkswagen AG, specifically under sections 42(b), 43, 44, 60, and 62A of the relevant Act, had been established. A significant preliminary issue was the admissibility of Volkswagen AG's evidence, which had not been filed within the prescribed time limits and for which an extension of time had been refused.

The Hearing Officer reasoned that, as Volkswagen AG's evidence had not been properly filed, it could not be taken into account. The Hearing Officer noted that, generally, without evidence in support of the opposition, the opponent cannot succeed, with a possible exception for oppositions under section 44, provided the prior application or registration is listed in the Notice of Opposition. In this instance, no grounds of opposition were established.

Accordingly, the Hearing Officer decided that trade mark application 1156865 could proceed to registration one month from the date of the decision, unless a notice of appeal was filed, in which case registration would be stayed pending the outcome of the appeal.