Trade mark decision

BL Number
O/087/06
Decision date
23 March 2006
Hearing Officer
Mr D Landau
Mark
QUIKSILVER
Classes
32
Applicant
New Century Intellectual Property Investments Limited
Opponent
QS Holdings Sarl
Opposition
Sections 3(6); 5(3) & 5(4)(a)

Result

Section 3(6): - Opposition failed.

Section 5(3): - Opposition successful.

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

Points Of Interest

  • 1. Section 5(3) : 'unfair advantage'.

Summary

The opposition was based on registrations and use of the mark QUIKSILVER (stylised) and device.

The Hearing Officer dealt first with the objection based on Section 3(6) of the Act. This failed, however, because it had not been shown that the applicant had any knowledge of the opponent's mark at the time they had made their application.

The Section 5(4)(a) objection failed due to the distance between the field of activity of the respective parties and the fact that no damage would be suffered by the opponent.

The Section 5(3) objection succeeded however; a link with the reputation of the opponent's mark would be made. The applicant would not just be riding on the coat-tails of the opponent's reputation; that reputation would be acting as a spring- board for the applicant's products.

The Hearing officer did not award costs to the opponent however, in view of the fact that two of their grounds had failed, and in view of the evidence which had been filed in relation to those grounds.

Full decision O/087/06 PDF document118Kb