Volvo Trademark Holding AB v Hebei Aulion Heavy Industries Co Ltd

The decision concerns an opposition proceeding before the Registrar of Trade Marks, where Volvo Trademark Holding AB acted as the opponent and Hebei Aulion Heavy Industries Co Ltd was the applicant for trade mark registration. The dispute arose from the applicant's attempt to register certain trade marks, which the opponent sought to prevent.

The primary legal issue before the Registrar was whether any of the grounds raised by the opponent in its notice of opposition were established, thereby justifying the refusal of the trade mark applications. The Registrar was required to determine the outcome of the opposition in accordance with section 55 of the relevant Act, which mandates a decision to either refuse or register the trade mark, taking into account the established grounds of opposition.

The Registrar found that the opponent was unsuccessful on each of the grounds it advanced in its opposition. Consequently, pursuant to section 55 of the Act, the Registrar decided that the trade mark applications could proceed to registration one month from the date of the decision, unless an appeal was filed. The Registrar also directed that if a notice of appeal was served, registration would be stayed pending the outcome of the appeal. In relation to costs, the Registrar awarded costs against the unsuccessful opponent, following the usual principle that costs follow the event, and specified a method for assessing costs for one of the oppositions by reference to a prior decision.