Trade mark decision

BL Number

O/103/05

Decision date

18 April 2005

Hearing Officer

Mr M Reynolds

Mark

BLACK ENTERPRISE

Classes

16

Applicant

Kofi Kusitor

Opponent

Earl G Graves Publishing Co Inc

Opposition

Section 5(4)(a)

Result

Section 5(4)(a) - Opposition failed

Points Of Interest

• 1. Reputation by reason of website use.

Summary

The opponents were publishers, in the USA, of a magazine entitled BLACK ENTERPRISE. They claimed a reputation in the UK by reason of sales here, and use of a website.

Having examined the evidence, however, the Hearing Officer concluded that it was insufficient to support a case under Section 5(4)(a). But he went on to say that had the evidence been stronger he would have found that misrepresentation and damage would have resulted. The applicant's contention that his 'newspaper' would not have trespassed on the opponents goodwill in their 'magazine' involved "too fine a distinction".

Full decision O/103/05 32Kb