Trade mark decision

BL Number
O/151/03
Decision date
28 May 2003
Appointed Person
Professor Ruth Annand
Mark
EATALIA
Classes
29, 30
Applicant/Appellant
Luca Casalena
Opponent/Respondent
Paul Jonathan Bendit
Appeal against the decision of the Registrar’s Hearing Officer in Opposition Proceedings

Result

Appeal successful.

Points Of Interest

  • 1. Goodwill not protectable if of trivial extent.

Summary

At first instance (see BL O/393/02) the Hearing Officer had dismissed the opposition under Section 3(6), but had found the opponent successful under Section 5(4)(a). The applicant appealed against this latter finding. Having reviewed the matter the Appointed Person confirmed that, whilst the smallness of the business does not prevent it having a goodwill, the law of passing off does not protect a goodwill of trivial extent. In her view the Hearing Officer had been wrong to find on the basis of the evidence before him that the opponent had established a protectable goodwill and reputation. She therefore did not need to consider if registration/use would be likely to mislead the public.

The appeal succeeded.

Full decision O/151/03 PDF document46Kb