Trade mark decision

BL Number
O/089/08
Decision date
27 March 2008
Hearing Officer
Mr M Reynolds
Mark
COMMSOFT
Classes
09, 38, 42
Applicants
ISS Ltd
Opponent
Lee Bracewell
Opposition
Section 5(4)(a)

Result

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

Points Of Interest

  • None

Summary

The opposition, which was directed solely at the Class 9 specification, was based on the opponent’s claim to prior use of the mark. However, the evidence supplied in support of that claim was slender and raised a number of questions in the mind of the Hearing Officer which it was insufficient to answer. The Hearing Officer therefore rejected the claim to an established goodwill and the opposition under Section 5(4)(a) necessarily failed.

Full decision O/089/08 PDF document41Kb