Trade mark decision

BL Number

O/154/98

Decision date

22 July 1998

Hearing Officer

Mr M Reynolds

Mark

MENTAL

Classes

25

Applicants

Mrs D J Aspey & M A Aspey

Opponents

Do Rags Inc

Opposition

Section 3(6) & 5(4)(a)

Result

Section 3(6) - opposition failed

Section 5(4)(a) - opposition failed

Points Of Interest

• None.

Summary

the opponents claimed to have used the mark in the UK on their range of clothing through distributors appointed by them. However, the Hearing Officer could find nothing in the evidence to suggest that there had been any kind of past relationship between the parties to these proceedings. He dismissed the allegation of bad faith.

Reviewing the matter under Section 5(4)(a), the Hearing Officer considered that the crucial issue was whether the opponents had, at the date of application, established a goodwill or reputation here. From the evidence, he decided that they had not.

Full decision O/154/98 22Kb