Trade mark decision

BL Number: O/022/99
Decision date: 21 January 1999
Hearing Officer: Mr M Reynolds
Mark: SOFRA RESTAURANTS
Classes: 42
Applicant: Charles Robert Maxwell
Opponents: Sofra Restaurants Limited
Opposition: Sections 3(3)(b), 3(4), 3(6), 5(2)(b), 5(3), 5(4)(a).

Result

Opposition under Section 5(4)(a) successful; all other grounds failed.

Points Of Interest

(i) passing off - degree of proof required in undefended action.

Summary

CRM applied to register the mark SOFRA RESTAURANT, but did not defend the application when challenged by opponents SRL. Hearing Officer dismissed all other grounds but held that the evidence filed in support of the passing off case was sufficient in view of the applicant's failure to defend.

Full decision O/022/99 21Kb