Trade mark decision

BL Number
Decision date
14 January 2002
Hearing Officer
Mr M Reynolds
Newsbrook Limited
Browns Restaurants Limited
Sections 5(1) & 5(2)(a)


Section 5(1) - Opposition succeeded

Section 5(2)(a) - Opposition succeeded

Points Of Interest

  • None


The opponents owned two registrations for the mark BROWNS in respect of identical goods to those of the applicant. They also filed use from 1972 of the mark BROWNS in respect of restaurant services together with other information to show that the mark BROWNS is well known.

Under Section 5(1) the Hearing Officer noted that the marks and services were identical and therefore refusal on that ground was mandatory.

The only element in the applicants specification which was different from those within the opponents specifications was "night club services". At application stage the applicants had filed details of use of their mark from 1986 to support a claim to honest concurrent use. Details of this use was not re-filed in the opposition proceedings nor was it adopted for use in such proceedings. Therefore under Section 5(2)(a) the Hearing Officer had only the prima facie case to consider. As the marks were identical the only matter to consider was whether "night club services" and "restaurant services" are similar. When night club services are classified in Class 42 they are likely to involve the provision of food, drink and accommodation and the Hearing Officer had little difficulty in deciding that night club services in Class 42 and restaurant services are similar. He also noted that in an earlier case (BL O/463/01) a Hearing Officer had decided that night club services in Class 41 (entertainment services) were similar to restaurant and bar services.

Full decision O/014/02 PDF document20Kb