Trade mark decision
- BL Number
- O/223/03
- Decision date
- 7 August 2003
- Hearing Officer
- Mr S P Rowan
- Mark
- APRES SPORT PRO-TAN ACTIVE BOD
- Classes
- 03
- Applicant
- James Forrest
- Opponent
- Performance Brands Inc
- Opposition
- Sections 3(1)(b); 3(1)(d); 3(6) & 5(4)(a)
Result
Section 3(1)(b) - Opposition failed.
Section 3(1)(d) - Opposition failed.
Section 3(6) - Opposition failed.
Section 5(4)(a) - Opposition failed.
Points Of Interest
- 1. None
Summary
The opponent objected on absolute grounds but also as owners and users of the unregistered mark PRO-TAN.
The Hearing Officer dismissed the grounds under Sections 3(1)(b) and 3(1)(d) since the mark, as a whole, could not be said to be devoid of distinctive character nor to consist exclusively of signs or indications customary in the relevant trade.
The opponent likewise failed to establish bad faith. The Section 3(6) ground was dismissed.
The opponent also failed to show the necessary goodwill and reputation, and accordingly failed under Section 5(4)(a)
Full decision O/223/03 
55Kb
