Trade mark decision

BL Number
O/048/00
Decision date
16 February 2000
Hearing Officer
Mr M Reynolds
Mark
"MIX FM" BLACK MIX
Classes
38
Applicants
Basil Davis
Opponents
The British Broadcasting Corporation (BBC)
Opposition
Sections 1(1); 3(1)(a); 3(1)(b); 3(3)(b); 3(6); 5(4)(a); 5(4)(b); 60(1) & 60(2)

Result

Section 3(6) - Opposition successful

Section 5(4)(a) - Opposition failed

All other grounds dismissed

Points Of Interest

  • 1. Ownership of marks when developed in the course of a joint company/free lance process.

Summary

At the outset, the opponents indicated that they would not pursue the matter under Sections 1(1); 3(1)(a); 3(3)(b); 5(4)(b); 60(1) and 60(2). The Hearing Officer found, additionally, that the 3(1)(b) ground should be dismissed also.

The applicant had participated in the development and naming of a BBC programme, BLACK MIX. The Hearing Officer found that his status and role in this procedure, whether as producer, employee or free lance, did not support his claim to proprietorship of the name of that programme. On this narrow ground the opposition under Section 3(6) succeeded. The allegation (also under Section 3(6)) that he had no bona fide intention to use the mark, was not accepted, however. Under Section 5(4)(a) the opponents "failed to progress their case beyond generalised claims", and this ground failed accordingly.

Full decision O/048/00 PDF document44Kb