Trade mark decision

BL Number
Decision date
2 February 2001
Hearing Officer
Dr W J Trott
25, 35, 38, 40, 42
Copy Cats Copy Ltd
Mr Wayne Brown
Sections 1, 3, 5(2)(b) & 5(4)(a)


Sections 1 & 3 - Opposition failed

Section 5(2)(b) - Opposition partially successful

Section 5(4)(a) - Opposition partially successful

Points Of Interest

  • None


The Hearing Officer dismissed the grounds under Sections 1 and 3 because in the first instance it was clear that arguments and evidence related to a relative ground, not an absolute ground, and secondly under Section 3(6) there was no evidence filed to substantiate the claim of bad faith.

Under Section 5(2)(b) the opponent relied on his registration in Class 35 for the mark COPY CAT, device of a cat and the words "quick print" and user dating back to 1992 in respect of inter alia printing services. The Hearing officer held the respective marks to be very similar and also most of the services claimed by the applicants to be the same or similar to the opponents services.

Under Section 5(4)(a) - Passing Off - there was a similar finding, save that the list of services found to be in conflict with those of the opponent was somewhat extended. In summary, therefore, the opposition was successful but the applicants would be allowed to proceed if they restricted their application to Class 25 and a restricted list of services in Class 35.

Full decision O/056/01 PDF document52Kb