Trade mark decision

BL Number

O/097/02

Decision date

27 February 2002

Hearing Officer

Dr W J Trott

Mark

ALCHEMY

Classes

25

Applicant

Ruth Allford & Natalie Stratos

Opponent

The Alchemy Carta Limited

Opposition

Sections 5(1); 5(2)(a) & 5(4)(a)

Result

Section 5(1): - Opposition successful.

Section 5(2)(a): - Opposition successful.

Section 5(4)(a): - No formal finding.

Points Of Interest

• 1.Consolidation of proceedings
• 2.Honest concurrent use : cannot disturb finding under Section 5(1)

Summary

The opposition was based on the opponents' own registration of the mark ALCHEMY, in Class 25. The applicants had launched a revocation action against this registration and sought, at a very late stage, to consolidate this with the opposition proceedings. After a review of the arguments and submissions the Hearing Officer rejected the application for consolidation. He went on to consider the matter under Section 5(1). Here he found that the marks were identical and the goods likewise. The opposition succeeded under that Section therefore, but he went on to consider the matter under Section 5(2)(a), in relation "to those items which might not be considered identical ....." Here, too, he found the opponents successful. He went on to consider the claim of honest concurrent use; however the use claimed was insufficient to avoid a likelihood of confusion, he decided.

The Hearing Officer did not go on to consider the matter under Section 5(4)(a).

Full decision O/097/02 42Kb