Wolverine International, L.P. v Zijian Zhang

The Registrar of Trade Marks, Debrett Lyons, considered an application by Wolverine International, L.P. for trade mark registration, opposed by Zijian Zhang. The dispute concerned whether the grounds of opposition raised by Mr. Zhang were established to a sufficient extent to warrant refusal or modification of the trade mark registration.

The primary legal issue before the Registrar was to determine the extent to which the grounds of opposition, as presented by Mr. Zhang, had been established. This required an assessment of the evidence and arguments put forward by both parties in relation to the opposition.

The Registrar concluded that the Opponent, Mr. Zhang, had not established any ground of opposition to any extent. Consequently, pursuant to subsection 55(1) of the Act, the Registrar decided that the trade mark could proceed to registration. The Registrar further directed that registration would not occur for one month from the date of the decision, to allow for any potential appeal. If a notice of appeal was served within that period, registration would be stayed until the appeal was resolved.