Trade mark decision

BL Number

O/185/01

Decision date

19 April 2001

Hearing Officer

Mr R A Jones

Mark

TRAVELLING FREESTYLE

Classes

39

Applicant

Flightbookers PLC

Opponent

Thomson Holidays Limited

Opposition

Section 5(2)(b)

Result

Section 5(2)(b) - Opposition successful.

Points Of Interest

• 1. Honest concurrent use
• 2. Normal and fair use

Summary

The opposition was based on the opponents use and registrations of various marks consisting of or incorporating the word FREESTYLE. The application had been published for opposition purposes on the basis of distinctiveness acquired through use, and honest concurrent use. Confirming that honest concurrent use was not a defence but a factor to be taken into account, the Hearing Officer found a likelihood of confusion and the opposition succeeded accordingly.

Full decision O/185/01 36Kb