Trade mark decision

BL Number
Decision date
20 October 1998
Hearing Officer
Mr M Reynolds
Perry Ellis International Inc
Milton Lloyd Limited
Section 5(4)(a)


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

Points Of Interest


This action was part of cross-opposition proceedings between the parties. (BL O/204/98). In the related action the current applicants failed in their opposition to the opponents application under Sections 3(6), 5(2)(b), 5(3) and 5(4)(a).

Both parties had filed extensive evidence which was common to both sets of proceedings but as the proceedings had not been consolidated two separate decisions were issued.

In these proceedings the opponents had claimed to have adopted their mark in 1994, which was before the opponents filed their application in December 1995, but no precise turnover figures were filed for the period 1994 to December 1995. Furthermore the figures which had been provided, which covered the period to December 1996, included both sales in the UK and goods exported from the UK. No information was provided about the nature of the sales such as location, or type of organisation, nor was there any evidence of public awareness of the opponents mark.

In his consideration under Section 5(4)(a) the Hearing Officer decided that as the opponents had failed to prove a reputation and goodwill in their mark at the relevant date, this ground of opposition must fail at the outset. In any event in the related proceedings the Hearing Officer had concluded that the respective marks were not confusingly similar. Opposition failed.

Full decision O/205/98 PDF document84Kb