Trade mark decision

BL Number

O/089/01

Decision date

22 February 2001

Hearing Officer

Mr A James

Mark

WAYFARER LODGE

Classes

42

Applicant

Ind Coope (Oxford & West) Limited

Opponent

Wayfarer Inns Limited & Mrs Judy Fry

Opposition

Sections 3(6), 5(1), 5(2), 5(3), 5(4)(a), & 6(1)(c)

Result

Section 3 - All grounds dismissed

Section 5(1), 5(2) & 5(3) - All grounds dismissed

Section 6(1)(c) - Opposition dismissed

Section 5(4)(a) - Opposition successful

Points Of Interest

• 1. A detailed analysis leading to a successful opposition under Section 5(4)(a)

Summary

The opponents based their opposition on their marks WAYFARER and WAYFARER INNS, for which application for registration had been made. They also raised further objections under Section 3 which the Hearing Officer dismissed as misconceived. No case was made under Section 3(6) and this ground too was dismissed. The Section 6(1)(c) objection was also dismissed as the opponents did not qualify as nationals of a ‘Convention country’ and also their mark was not an ‘earlier trade mark’ within the meaning of the Act. This disposed of all Section 5 grounds other than Section 5(4)(a). Under Section 5(4)(a) the Hearing Officer concluded that the opponents should succeed in their opposition.

Full decision O/089/01 46Kb