Trade mark decision

BL Number

O/018/08

Decision date

23 January 2008

Hearing Officer

Mr M Reynolds

Mark

MPS Variable & device MPS Inverter & device

Classes

11

Applicant

L G Electronics Inc

Opponent

Maplin Electronics PLC

Opposition

Section 5(4)(a)

Result

Section 5(4)(a)

Points Of Interest

• Proceedings never formally consolidated but as grounds and evidence identical, the Hearing Officer considered that a single composite decision was sufficient.

Summary

The opponent in these proceedings filed evidence of use of a mark MPS in relation to a range of goods in Class 9. This use commenced in 1985 in association with a trading division of the opponent called MAPLIN PROFESSIONAL SUPPLIES. However, such use appears to have ceased about 1996 even though use of the mark MAPLIN continued with impressive turnover figures in the £5m range through to 2004, the date of filing of the application in suit.

As the opponent appeared to have no recent use of its mark MPS the Hearing Officer was unable to conclude that the opponent had a reputation and goodwill in its mark at the relevant date and therefore the ground under Section 5(4)(a) must fail. In passing the Hearing Officer noted that he had not been asked to consider the matter of residual goodwill.

Full decision O/018/08 88Kb