Trade mark decision

BL Number
O/199/05
Decision date
15 July 2005
Hearing Officer
Mr M Foley
Mark
CAMSCAN
Classes
42
Applicant
U.W.G. Limited
Opponents
E.V. Offshore Limited
Opposition
Sections 3(6) & 5(4)(a)

Result

Section 3(6): - Opposition failed

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

Points Of Interest

  • 1. Passing-off; ownership of reputation in supplier/single customer relationship.

Summary

The opponents claimed that the mark CAMSCAN was theirs, that the applicants knew this and that the use of the mark was liable to be prevented by the law of passing-off.

The Hearing Officer dealt first with the matter under Section 5(4)(a). The applicants and the opponents had both been party to an arrangement whereby the opponents had manufactured and supplied equipment to the order of the applicants, for use in their scanning services. The applicants were the opponents' only customer for this equipment and from the evidence the Hearing Officer was unable to conclude that any, let alone a "substantial number" of the relevant persons would associate the name CAMSCAN with the opponents. Consequently the opponents had not established a claim to a goodwill or reputation in the mark. There could be no finding that they had suffered or were likely to suffer damage. The Section 5(4)(a) objection failed accordingly.

The Hearing Officer was also unable to infer from the evidence that the mark was originated by the opponents or that it was theirs. The Section 3(6) objection therefore failed as well.

Full decision O/199/05 PDF document50Kb