Trade mark decision

BL Number
O/014/04
Decision date
14 January 2004
Hearing officer
Mr M Reynolds
Mark
ASHWOOD
Classes
33
Applicant
PLB Group Limited
Opponent
Ashwood Grove Pty Ltd
Opposition
Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b) - Opposition failed.

Section 5(4)(a) - Opposition failed.

Points Of Interest

Summary

The opponents’ opposition was based on their ownership of a registration of the mark ASHWOOD GROVE in Class 33 in respect of the same and similar goods as those of the applicants. They also claimed use of their mark.

In linked proceedings involving an application for revocation of the opponents’ registered mark (BL O/015/04) the Hearing Officer decided that the opponents had not used their mark during the relevant five year period and revoked the opponents’ mark with effect from 21 February 2002. As this date was prior to the applicants’ application date of 23 March 2002, the opponents’ basis for their Section 5(2)(b) ground – an earlier right – fell away.

As there had been no use of the opponents’ mark the ground under Section 5(4)(a) – Passing Off – also fell away.

Full decision O/014/04 PDF document19Kb