Trade mark decision

BL Number
O/050/02
Decision date
5 February 2002
Hearing Officer
Mr J MacGillivray
Mark
CHURCHWARDS LIGHTNING JACK
Classes
33
Applicant
Churchwards (Orchard Products) Limited
Opponent
H P Bulmer Limited
Opposition
Section 5(2)(b)

Result

Section 5(2)(b) - Opposition successful

Points Of Interest

  • None

Summary

The opponents opposition was based on their ownership of two registrations for the marks LIGHTNING and JACK in Class 33 in respect of identical and similar goods to those of the applicant. They also filed evidence of use of the marks WHITE LIGHTNING and SCRUMPY JACK but such use did not impact on the Hearing Officer’s decision.

Under Section 5(2)(b) the Hearing Officer noted that identical goods were at issue so the only matter for consideration was a comparison of the mark applied for, with the marks LIGHTNING and JACK. The Hearing Officer considered that LIGHTNING was a very distinctive mark for cider. As this mark is included within the applicants mark the Hearing Officer concluded that the applicants mark captured the distinctiveness of the opponents mark. It was thus likely that the public would believe that the goods emanated from the same source, namely CHURCHWARDS, when this was not the case. Opposition successful.

Full decision O/050/02 PDF document35Kb