Trade mark decision
- BL Number
- O/132/07
- Decision date
- 17 May 2007
- Hearing Officer
- Dr L Cullen
- Mark
- SURETIME
- Classes
- 09
- Applicant
- Graham Stuart Marshall & Amanda Howell
- Opponent
- Timeguard Limited
- Opposition
- Section 5(4)(a)
Result
Section 5(4)(a): Opposition successful.
Points Of Interest
- None
Summary
A very straight-forward case. While the applicants claimed in their counterstatement to have used their mark before the opponent commenced to use its mark, they filed no evidence to support their claim.
The opponent filed evidence of use of its mark, the identical mark SURETIME, from the year 2000 onwards in respect of identical and similar goods as those of the applicants. The Hearing Officer accepted that at the relevant date 16 October 2004 the opponent had a reputation and goodwill in its mark. Thus any use by the applicant would lead to misrepresentation and damage the goodwill of the opponent. The opponent was therefore successful in its opposition under Section 5(4)(a).
Full decision O/132/07 
42Kb
