Trade mark decision

BL Number: O/073/99
Decision date: 5 March 1999
Hearing Officer: Mr M Foley
Mark: HORSEBUMS
Classes: 25
Applicant: M J Ainge & Co Limited
Opponent: B.U.M. International Inc
Opposition: Sections 3(3)(b); 3(6); 5(2); 5(3); 5(4) & 56*

Result

Section 5(2)(b) - Opposition failed

Points Of Interest

The need for precise statement for an objection under Section 5(4) - noted in WILD CHILD, applies equally to other grounds of opposition, "in the interests of justice and fairness".

Summary

*The opponents based their attack on their registration of "b.u.m. equipment"; they provided no evidence in support of any of their other claims. Consequently, the Hearing Officer dismissed all grounds other than Section 5(2)(b). Under that Section he considered that the marks were not similar, and the opposition failed.

Full decision O/073/99 18Kb