Trade mark decision

BL Number

O/189/07

Decision date

5 July 2007

Hearing Officer

Mr M Foley

Mark

GECKO'S (stylised) &device of a lizard

Classes

39

Applicants

Peregrine Adventures Pty Limited

Opponents

Hidden Adventure Tours Limited t/a Gecko Travel

Opposition

Section 5(4)(a)

Result

Section 5(4)(a): Opposition failed.

Points Of Interest

• Evidence relating to attempts at a settlement: without prejudice.

Summary

Prior to consideration of the substantive matter the Hearing Officer ruled on two preliminary issues; the first being the admission of the opponents’ late filed evidence of turnover and a further Witness Statement from the applicants. Also, the Hearing Officer ruled that the evidence referring to settlement negotiations was ‘without prejudice’ and would be disregarded.

Having reviewed the evidence filed in support in the Section 5(4)(a) case the Hearing Officer concluded that the opponents had failed to discharge the onus upon them; they had failed to establish clearly that they had a goodwill predating the applicants’ use.

The opposition under section 5(4)(a)failed accordingly.

Full decision O/189/07 164Kb