News Limited, having progressively filing a body of evidence, was able to obtain registration of its trade mark CARSGUIDE after five adverse reports refusing the registration under section 41. An opposition to its registration was filed by Gregory Paul Roebuck.
Roebuck is the registrant of the following domain names; “carsguide.com”; “carguide.tv”; “carguide.co.nz”; and “carguide.co”.
Prior to making her decision, the Hearing Officer first had to decide whether a late application for leave to file further evidence (by the opponent) would be allowed. The Hearing Officer decided that it would not and the opponent had only minimal evidence of other trader’s use to press its opposition under section 41.
It was then a matter for the Hearing Officer to note the considerable evidence of use supplied by the applicant in order to overcome the initial objection at the examination stage, to conclude that the section 41 opposition failed.
To view the Office decision, click here.