Trade mark decision

BL Number

O/097/04

Decision date

8 April 2004

Hearing Officer

Dr W J Trott

Mark

CHARLIE'S ANGELS

Classes

31

Applicant

R Delamore Limited

Opponent

Columbia Picture Industries Incorporated

Opposition

Sections 5(3) & 5(4)(a)* (*an objection under Section 5(2)(a) was dropped shortly before the hearing)

Result

Section 5(3) - Opposition failed.

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

Points Of Interest

• 1. Use as a trade mark; indications of subject matter, not origin.

Summary

The application was in respect of a range of plants, flowers seeds etc. The opposition was based, essentially, on the films and TV programmes 'CHARLIE'S ANGELS'.

The Hearing Officer considered that the opponent’s evidence did not substantiate their claim to a sufficient reputation in a trade mark such as to justify a case under Section 5(3). Nevertheless, in case he should be wrong in this he went on to consider the questions of detriment or unfair advantage. In this, however, the evidence was insufficient to establish that either of those wrongs would occur in practice. The Section 5(3) objection failed accordingly.

The same deficiencies in the evidence effectively decided the matter under Section 5(4)(a) also. The name ‘CHARLIE’S ANGELS’ was a description of the content of a television series, not a trade mark, the Hearing Officer decided.

Full decision O/097/04 57Kb