Trade mark decision

BL Number
O/131/05
Decision date
11 May 2005
Hearing Officer
Mr M Reynolds
Mark
SMELLY WORLD
Classes
28
Applicant
Croco Worldwide Sourcing Ltd
Opponent
Point 7 Design 2000 Limited
Opposition
Sections 3(6) & 5(2)(b)

Result

Section 3(6): - Opposition successful.

Section 5(2)(b): - Opposition successful.

Points Of Interest

  • Bad faith

Summary

The opponent was the proprietor of two other registrations, SMELLY MONSTERS and SMELLY ALIENS and claimed to be the owner of the underlying concept and its collective name SMELLY BEASTS. The opponent’s registrations had been assigned to them by a company since liquidated. The applicant company was said to be the successor in business to that company. It was alleged that the attempt by the applicant to register the marks in suit constituted an act of bad faith.

The Hearing Officer noted that most of the underlying facts and circumstances in the case were either undisputed or had not been the subject of countervailing evidence by the applicant.

Having reviewed the matter the Hearing Officer concluded that the applications had indeed been made in bad faith and were contrary to the provisions of Section 3(6).

The Hearing Officer went on to briefly consider the objections under Section 5(2)(b) and in this too he found the opponent successful

Full decision O/131/05 PDF document41Kb