Trade mark decision

BL Number: O/118/99
Decision date: 26 April 1999
Hearing Officer: Mr M Reynolds
Mark: HT
Classes: 07, 09
Applicant: Hypertherm Incorporated
Opponent: AAF-cQuay Inc
Opposition: Sections 3(1)(b); 3(1)(c); 3(1)(d); 3(3)(b); 5(2)(b); 5(3) & 5(4)(a)

Result

Section3(1)(b) - Opposition successful

Section 3(3) - Opposition failed

Section5(2)(b) - Opposition failed

Section5(3) - Opposition failed

Section 5(4) - Opposition failed

Points Of Interest

1. Prima facie objection had not been overcome by the evidence of use filed.
2. Practice in relation to two letter marks.

Summary

Under Section 3 the Hearing Officer found that there was indeed a prima facie objection to the mark, and the evidence of use filed either at the application stage or in the proceedings had not overcome that objection. The opposition under Section 3(1)(b) succeeded accordingly. Under Sections 3(3), 5(3) and 5(4) the opponents had not made out their case. Under Section 5(2) the Hearing Officer considered either that the goods were not similar, or that a simple clarification of the specification could avoid any remote possibility of confusion.

Full decision O/118/99 154Kb