Trade mark decision

BL Number
Decision date
13 April 2006
Hearing Officer
Mr D Landau
35, 37, 42
Project Design & Management Services Ltd
Aveva Solutions Ltd
Section 5(4)(a)


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

Points Of Interest

  • Evidence not sufficiently detailed or focused.


The opponent’s opposition was based on its ownership of the mark PDMS which it claimed to have used from 1974 in relation to computer aided design services in the oil and gas industries. It filed evidence of use in support of its claims. Turnover in respect of goods and services was stated as 2.9m in 1999 increasing to 5.7m in 2003. The relevant date of these proceedings is 21 December 2002.

The applicant also filed evidence of use but as use commenced on or after the relevant date it did not impact on the Hearing Officer’s decision.

Under Section 5(4)(a) the Hearing Officer considered the evidence filed by the opponent and concluded that it had not established that it had a goodwill in its mark at the relevant date. The evidence of use filed was poorly focused and lacked detail as to use in the UK and no information was provided about the relationship between the opponent and the mark referred to in its evidence. In the absence of more detailed evidence and in the absence of trade evidence the Hearing Officer concluded that the opponent had not justified its claims. Opposition thus failed.

Full decision O/106/06 PDF document50Kb