Trade mark decision

BL Number
O/135/06
Decision date
27 April 2006
Appointed Person
Professor Ruth Annand
Mark
DELTA
Classes
11
Applicant
Taplanes Limited
Opponent
Sanioflo Limited
Opposition
Section 5(4)(a)

Result

Section 5(4)(a): Appeal dismissed.

Points Of Interest

  • See Hearing Officer’s decision dated 1 September 2005 (BL O/242/05).

Summary

In his decision dated 1 September 2005 the Hearing Officer accepted that both the applicant and the opponent had used the mark in suit. He found that while the opponent was the more substantial user the applicant was the senior user and therefore that the opposition must fail.

On appeal the opponent submitted that the Hearing Officer had been incorrect in finding that the applicant had established even a local goodwill and secondly, even it if had, that goodwill was localised and did not justify a UK wide registration.

The Appointed Person examined the evidence carefully and considered submissions made by Counsel. She decided that the applicant had established more than a local goodwill and the Hearing Officer had been correct in so finding. The applicant was the senior user and therefore the appeal must be dismissed.

Full decision O/135/06 PDF document39Kb