Trade mark decision

BL Number

O/035/98

Decision date

4 March 1998

Hearing Officer

Mr M Knight

Mark

BMF

Classes

25

Applicant

Tom Sperring, Paul Sperring & Jason Lambert

Opponent

The British Motorcyclists Federation (Enterprises) Ltd

Opposition

Section 5(4)(a)

Result

Section 5(4)(a) - Opposition successful

Points Of Interest

• None.

Summary

The opponents claimed to have used the mark BMF and device of a motorcycle from the mid 1970's onwards in relation to a range of clothing and in particular clothing for motorcyclists. Evidence was filed by the opponents to confirm such use and in the absence of a challenge from the applicants the Hearing Officer concluded that the opponents had established a sufficient reputation to substantiate their ground under Section 5(4)(a) - Passing Off. As the marks at issue were very similar and identical goods were at issue the Hearing Officer was satisfied that if the applicants were to use their mark the public would be deceived and the opponents would suffer damage to their business. Opposition successful.

Full decision O/035/98 17Kb