Trade mark decision

BL Number

O/005/07

Decision date

5 January 2007

Hearing Officer

Mr M Reynolds

Mark

THE COMPANY SHOP

Classes

09, 16, 35, 36, 38, 39, 41, 42

Applicants

Raymond Morris Group Limited

Opponents

C S Business Limited

Opposition

Section 5(4)(a)

Result

Section 5(4)(a); opposition successful but geographical exclusion proposed.

Points Of Interest

• Geographical limitation of specification.

Summary

The opposition (which was directed at only some of the services specified in the application) was based on the opponent’ own use of the mark THE COMPANY SHOP since 1994.

Both parties have been using their marks, it appeared, from around the same date but in different points of the UK (the opponents in Northern Ireland and the applicants in England). The geographical separation was perhaps related to the fact that each party was sited near the Companies Registries, one in Belfast and the other in London.

In the result the Hearing Officer proposed a voluntary limitation of the application so as to exclude N.I. in the specification of the objected to services.

If this was agreed the remainder of the application could proceed to registration. If not, the objected to services would be refused.

Full decision O/005/07 77Kb