Trade mark decision

BL Number: O/043/99
Decision date: 5 February 1999
Hearing Officer: Mr G Salthouse
Mark: PROFINISH & DEVICE
Classes: 16, 25
Applicants: William Andrew Findlay
Opponents: Granville Oil & Chemicals Ltd
Opposition: Sections 3(6) & 5(4)(a)

Result

Section 3(6): - Opposition successful.

Section 5(4)(a): - Opposition successful.

Points Of Interest

1. None

Summary

It was established in the evidence that at the date of application the applicant was an employee of the opponent company, who were using the mark. Consequently the Hearing Officer found that the attack under Section 3(6) succeeded. Likewise, he concluded that the applicants former position as sales manager of the opponents would deceive the public and the attack under Section 5(4)(a) succeeded also.

Full decision O/043/99 28Kb