Trade mark decision

BL Number
O/195/08
Decision date
7 July 2008
Hearing Officer
Mr D Landau
Mark
WORN FREE (stylised)
Classes
25
Applicants
Arbre Group LLC
Opponents
Worn By (Original Icon Clothing) LLP
Opposition
Sections 3(6) & 5(4)(a)

Result

Section 3(6): Opposition successful. Section 5(4)(a): Opposition successful.

Points Of Interest

  • 1. Bad faith; relationship between the parties
  • 2. Comparison of the marks; WORN BY v WORN FREE; both stylised

Summary

The Section 5(4)(a) objection was based on the mark WORN BY (stylised) which the opponents claimed to have used in relation to their range of clothing.

From the (somewhat unsatisfactory) evidence and taking into account the similarities and dissimilarities in the respective marks, the nature of the marks, the respective goods and the nature of the relationship between the parties the Hearing Officer concluded that the applicants’ use of the mark would give rise to a misrepresentation.

In the result he found the opponents successful under Section 5(4)(a)

He was also persuaded that given the previous relationship between the parties and the applicants adoption of the flowing script, similar to that in the opponents’ mark, the applications had indeed been made in bad faith. The opposition under Section 3(6) succeeded accordingly.

Full decision O/195/08 PDF document637Kb