Trade mark decision

BL Number

O/139/05

Decision date

19 May 2005

Hearing Officer

Mr D Landau

Mark

Raltex

Classes

06

Applicant

Daniel Reid

Opponent

EAP Metals Ltd t/a FSC Stainless & Alloys

Opposition

Sections 5(2)(b) & 5(4)(a)

Result

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

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

Points Of Interest

• Section 5(4)(a) : goodwill, limited but protectable.

Summary

The opposition was based on registrations of the mark RIGID-TEX in Class 6 and use of the trade mark RALTEX.

Under Section 5(2)(b) the Hearing Officer quickly found that the respective marks RIGID-TEX and RALTEX were not similar, “indeed (they were) distinctively dissimilar”. This difference was such that there was no likelihood of confusion, other factors notwithstanding. The Section 5(2)(b) opposition failed accordingly.

Under Section 5(4)(a), however, the opponent’s use of the mark RALTEX had, at the material date, established a protectable goodwill in that mark in relation to patterned stainless steel. Damage would occur and consequently the Hearing Officer found the opposition to have succeeded.

Costs were awarded to the opponent, appropriately adjusted for a litigant in person

Full decision O/139/05 49Kb