Trade mark decision

BL Number
Decision date
14 November 2003
Hearing Officer
Mr O Morris
Registered Proprietor
Heilongjiang Sheng
Applicants for a declaration of Invalidity
Golden Wonder Limited
Application for Invalidation
Section 47(2), (5(2)(b) & 5(4)(a))


Section 5(2)(b): - Application for invalidation partially and provisionally successful.

Section 5(4)(a): - Application dismissed.

Points Of Interest

  • 1. Comparison of the marks GOLDEN WONDER v WONDER SUN, and WONDER v WONDER SUN.


The application was based on a number of earlier marks GOLDEN WONDER, WONDER etc. The registered proprietor did not contest the application; the presumption of validity (Section 72) however could only be overcome if the application had merit.

Under Section 5(2) the Hearing Officer found no likelihood of confusion in the case of the GOLDEN WONDER marks, but provisionally found the applicant successful, in Classes 29 & 30 in the use of the WONDER make, an application not yet registered.

Under Section 5(4)(a) the Hearing Officer found evidence of a goodwill only in respect of the GOLDEN WONDER marks. This part of the application was therefore dismissed.

The application under Section 47(2); citing Section 5(2)(b), was granted, provisionally, dependent on the eventual registration of the applicant’s WONDER mark.

Full decision O/349/03 PDF document217Kb