Trade mark decision

BL Number

O/018/00

Decision date

31 January 2000

Hearing Officer

Mr A James

Mark

WILLIAM LEITH NEW CENTURY MARQUES

Classes

22, 42

Applicants

William Leith

Opponents

Anchor Industries Incorporated

Opposition

Sections 5(2)(b), 5(4)(a), 3(6) and Section 32(3)

Result

Sections 5(2) and 5(4) - Opposition failed

Section 3(6) - Opposition succeeded

Points Of Interest

• Instance of "bad faith" on the part of a former customer.

Summary

The opposition under Section 5(2) was based on the opponents' registration of the mark CENTURY and under Section 5(4) on the opponents' use of the mark NEW CENTURY. The applicant had been a customer for the opponents' goods sold under the latter mark. The Hearing Officer did not find a potential confusion under Section 5(2), and did not consider that the evidence could support a case of passing off under Section 5(4). However, the applicant's appropriation of the mark NEW CENTURY, having been a customer for goods sold under that mark was not in accordance with acceptable standards of commercial behaviour. The opposition therefore succeeded under Section 3(6). The Hearing Officer did not rule on the possibility of opposition under Section 32(3).

Full decision O/018/00 29Kb