Trade mark decision

BL Number
O/195/02
Decision date
8 May 2002
Hearing Officer
Mr M Reynolds
Mark
BIOLIME
Classes
01
Applicant
Singleton Birch Limited
Opponent
Snowie Holdings Limited
Consolidated Oppositions
Sections 3(6) & 5(4)(a)

Result

Section 3(6): - Opposition failed.

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

Points Of Interest

  • 1. None

Summary

The opponents alleged a breach of a business arrangement (Section 3(6)) and reputation in and use of the mark BIO-LIME. (Section 5(4)(a)). In the Hearing Officer’s opinion neither of the opposed accounts of events, though representing the honestly held beliefs of the individuals concerned, could be supported on the strength of the evidence before him. It was up to the party alleging bad faith to persuade the tribunal, and this they had not done. The opposition under Section 3(6) objection failed, therefore. Under Section 5(4)(a) the Hearing Officer again found that the available evidence fell some way short of establishing a case under passing-off.

Full decision O/195/02 PDF document26Kb