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 35Kb