Trade mark decision

BL Number
Decision date
5 April 2002
Hearing Officer
Mr G Salthouse
Scandia Foods (UK) Limited t/a Oceancrest Foods
Golden Feast Frozen Foods Limited
Sections 3(6) & 5(4)(a)


Section 3(6) - Opposition successful.

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

Points Of Interest

  • 1. Bona fide intention to use.


The applicant’s specification was in respect of "sea foods, fresh, frozen and processed". The opponent claimed long-standing use of the mark OCEAN WAVE on frozen fish fingers and frozen fish cakes. Having examined the matter under Section 5(4)(a) the Hearing Officer found the opponent had a goodwill in the sale of fish fingers and fish cakes under the mark OCEAN WAVE. The goods were similar and there would clearly be confusion and deception amongst a substantial number of persons; damage would result. The opposition under Section 5(4)(a) succeeded accordingly.

For the sake of completeness the Hearing Officer went on to consider the case under Section 3(6), in which the opponent alleged that the applicant had no bona fide intention of using the mark in relation to the goods specified; the application had been made purely to prevent others registering the mark. In support of this allegation the opponent had put forward evidence of a specific nature which the applicant had not denied. The opposition under Section 3(6) succeeded also.

Full decision O/147/02 PDF document59Kb