Trade mark decision

BL Number
O/039/02
Decision date
30 January 2002
Hearing Officer
Dr W J Trott
Mark
LUXOR
Classes
24
Applicant
Readmans Limited
Opponent
Westpoint Stevens Incorporated
Opposition
Sections 5(4)(a) & 56

Result

Section 5(4)(a) - Opposition failed

Section 56 - Opposition failed

Points Of Interest

  • 1. Paris Convention; ‘well known’ marks
  • 2. Trade via the internet

Summary

The opposition was based on the opponents’ use of their mark LUXOR which, they claimed, was well known in the United Kingdom.

The Hearing Officer dealt with the matter first under Section 56. After reviewing the criteria to be met according to the established authorities, he found that even if he were to adopt the lower threshold required for marks with a reputation, as opposed to that for well known marks’ the opponents had not crossed it. The claim of protection under the Paris Convention failed, therefore.

Under Section 5(4)(a) the Hearing Officer concluded that the opponents had failed to establish that they had a trading goodwill in the UK, and so had failed at the first hurdle In doing so, he had taken account of the UK hits on the opponents’ web site.

Full decision O/039/02 PDF document35Kb