Trade mark decision

BL Number
O/115/02
Decision date
14 March 2002
Hearing Officer
Mr A James
Mark
AERONET
Classes
09, 38
Applicant
Societe Internationale De Telecommunications Aeronautiques
Opponent
Mr P Gwizdala & Mrs A Gwizdata
Opposition
Sections 3(6) & 5(4)(a)

Result

Section 3(6): - Opposition failed.

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

Points Of Interest

  • 1. "The less goodwill one is able to show at the material date the more difficult it will be to infer that damage will follow from the use of the same mark by another party ....."

Summary

The opposition was based on the opponents’ use of the word AERONET for a web site. After considering the evidence of use, however, the Hearing Officer concluded that it did not establish sufficient reputation or goodwill, at the priority date, for him to conclude that the applicants’ use of their mark in respect of the goods/services, was liable to cause damage to the opponents’ very limited goodwill. Under Section 3(6) he did not consider that the opponents had sufficiently established their case. He remarked that the mark was "not so distinctive that an unchallenged claim of independent adoption can be lightly rejected".

Full decision O/115/02 PDF document31Kb