Trade mark decision

BL Number
O/011/01
Decision date
8 January 2001
Hearing Officer
Mr M Reynolds
Mark
AKI
Classes
06, 08, 35, 37
Applicant
AKI Bricolage SA
Opponent
Haki AB
Opposition
Sections 5(2)(b); 5(3) & 5(4)(a)

Result

Section 5(2)(b) - Opposition failed.

Section 5(3) - No finding.

Section 5(4)(a) - Opposition partly successful

Points Of Interest

  • None

Summary

The opposition was founded principally in earlier registrations of HAKI and HAKITEC. The Hearing Officer began by examining the matter under Section 5(4)(a). In this he found that there was some justification for the opponents' fears. However, whilst "in passing off there is no limitation to the parties' field of activity" the Hearing Officer nonetheless considered that the opponents' claim was only sustainable to the limited extent that the applicants' specification would allow them to trespass in the specific area of goods and services where the opponents enjoy a reputation. The opposition under Section 5(4)(a) was therefore partially successful. The Section 5(2) objection failed however, and the Hearing Officer made no finding under Section 5(3).

Full decision O/011/01 PDF document37Kb