Trade mark decision

BL Number

O/096/00

Decision date

13 March 2000

Hearing Officer

Mr M Foley

Mark

PARTY LAND

Classes

16, 28, 41

Applicant

Paul Shepherd

Opponent

Partyland Inc

Opposition

Sections 3(3)(b); 3(6); 5(1); 5(2); 5(3); 5(4) & 56

Result

Section 3 - Opposition dismissed.

Section 5 (1) - Opposition successful.

Section 5 (2)(b) - Opposition successful.

Points Of Interest

• Reversal of decisions by same Hearing Officer in the light of later events. See BL O/394/00 and O/263/00

Summary

The grounds under Sections 3(3)(b) and 3(6) were dismissed by the Hearing Officer as without foundations. Under Section 5, the marks being identical, the only issue was the similarity of the goods and services. The opponents’ earlier application covered the same goods and services and the Hearing Officer found the opposition successful under Section 5(1) in respect of Classes 16 and 28, and successful under Section 5(2)(a) in respect of Class 41. (Note however that in a later decision (BL O/263/00) the Hearing Officer reversed this decision because the opponents’ application for a Community Trade Mark had been withdrawn - and then reversed O/263/00 - because the CTM application had been converted to a UK application (BL O/394/00).

Full decision O/096/00 25Kb