Trade mark decision

BL Number: O/106/99
Decision date: 8 April 1999
Hearing Officer: Mr G Salthouse
Mark: BE NATURAL
Classes: 30
Applicant: Multiple Marketing Limited
Opponent: Surene Pty Limited
Opposition: Sections:- 3(6) & 5(4)(a)

Result

Section 3(6) - Opposition successful

Section 5(4)(a) - No finding

Points Of Interest

None

Summary

It appeared from the evidence that the applicants had acted as distributors of the opponents’ products in the UK, using the opponents’ pre-existing mark BE NATURAL, registered in Australia. In view of this strong prima facie case of bad faith, which had not elicited a response from the applicants the Hearing Officer found the opponents successful under Section 3(6). He made no finding under Section 5(4)(a).

Full decision O/106/99 18Kb