Trade mark decision
- BL Number
- O/143/07
- Decision date
- 30 May 2007
- Hearing Officer
- Mr G Salthouse
- Mark
- THE ONE
- Classes
- 09, 16
- Applicants
- Scottish Daily Record and Sunday Mail Ltd
- Opponents
- Tony Coles and The 1 Ltd
- Opposition
- Section 5(4)(a)
Result
Section 5(4)(a): Opposition successful.
Points Of Interest
- Free access to internet services; the fact that it is free does not adversely affect its reputation.
Summary
The opposition was based on the opponents’ claim that they have used the marks THE 1 and The One in respect of identical/similar services, using the internet, from a date preceding the date of application.
From the evidence the Hearing Officer concluded that the opponents had succeeded in demonstrating use of (albeit on a small scale) and consequent goodwill in the marks. Given that the marks and services were identical or “very, very similar” misrepresentation would occur leading to damage to the opponents. The opposition under Section 5(4)(a) succeeded accordingly.
Full decision O/143/07 
41Kb
