Trade mark decision

BL Number
O/053/01
Decision date
31 January 2001
Hearing Officer
Dr W J Trott
Mark
DATATRACK
Classes
09, 20
Applicant
Rittal-Werk Rudolf GmbH
Opponent
Stagwood Industries Ltd
Opposition
Sections 3(1)(b) & 5(4)(a)

Result

Section 3(1)(b) - No finding

Section 5(4)(a) - Opposition successful

Points Of Interest

  • An example of a successful attack under Section 5(4)(a)

Summary

The opponents confined their attack to Section 5(4)(a). Examining this case, in the manner set out in the WILD CHILD case, the Hearing Officer found the opponents successful. He accepted evidence from a period 2 years later than the relevant date as indicative of an earlier market share and market awareness of the opponents.

Full decision O/053/01 PDF document26Kb