Trade mark decision

BL Number

O/191/02

Decision date

22 April 2002

Appointed Person

Professor Ruth Annand

Mark

LOADED

Classes

09

Applicant

IPC Media Limited

Opponent

Loaded Records Limited

Opposition

Section 5(4)(a)

Result

Section 5(4)(a) - Opposition partially successful before the Hearing Officer. Appeal dismissed on same basis.

Points Of Interest

• None.

Summary

In his decision dated 14 August 2001 the Hearing Officer had accepted that the opponents had established a reputation and goodwill in their mark LOADED at the relevant date and consequently that they were successful in their ground of Opposition under Section 5(4)(a) - Passing Off.

On appeal the applicants disputed the finding of reputation and goodwill and submitted that the Hearing Officer was wrong in his assessment of the evidence; that it only extended to vinyl records and that insufficient regard was paid to the applicants use of their mark LOADED. The Appointed Person reviewed the evidence and took account of submissions made by Counsel. She decided that the Hearing Officer had made the correct finding in relation to reputation and goodwill; that while the reputation was primarily in relation to vinyl records it followed that once established it must extend to other formats such as CDs and finally that the applicants evidence was insufficient to confirm any use of their mark before the relevant date. Appeal dismissed.

Full decision O/191/02 25Kb