Trade mark decision

BL Number
Decision date
15 May 2007
Hearing Officer
Mr D Landau
NORGAS NORGAS (a seres of 2 marks)
04, 39
DCC Energy Limited
North West Gases Ltd
Section 5(4)(a)


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

Points Of Interest

  • None.


The opponent in these proceedings claimed, and provided evidence in support of that claim, that that it has sold and distributed bottled gas under the mark NORGAS from 1996 onwards with turnover in excess of £680K for the years 2001-2004. The relevant date of these proceedings is 19 February 2005 and the Hearing Officer accepted that at that date the opponent had a reputation and goodwill in its mark NORGAS. It thus succeeded in its opposition under Section 5(4)(a) because identical marks and goods were at issue.

The applicant had claimed in its counterstatement that it and its predecessor had used the mark NORGAS in Northern Ireland from 1989 onwards and sales since 1999 had totalled £1.75M. However, as it filed no evidence to support this claim, no account could be taken of it.

Full decision O/130/07 PDF document48Kb