Trade mark decision

BL Number
O/208/01
Decision date
30 April 2001
Hearing Officer
Mr S P Rowan
Mark
MULTI CORE
Classes
07
Applicant
Multi-Core Aerators (Aust) Pty Ltd
Opponent
Multi-Core Aerators Ltd
Opposition
Section 5

Result

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

Points Of Interest

  • None

Summary

The applicant in suit and its predecessors in title manufactured equipment (Sports Turf Aerators) in Australia which was sold in the UK by a succession of distributors, including the opponent who claimed to have used and to own the mark MULTICORE. The opponent also relied under Section 5 on a UK application to register the mark MULTICORE (device). However that application was excluded from consideration in these proceedings by the Hearing Officer by virtue of Section 6.

In the absence of the opponent at the Hearing, the Hearing Officer was left to deduce that the opponent’s only remaining ground of opposition was under Section 5(4)(a), so far as it covered passing off. After a detailed review of the evidence relating to the UK sales of equipment under the mark MULTI-CORE, the Hearing Officer concluded that there was a goodwill and reputation in that mark and that he was left to determine to whom the goodwill had accrued.

In the result, applying the usual case law (in the light of the fact that there was only a verbal agreement covering the parties’ period of collaboration) he concluded on the facts that the applicant was responsible for the character or quality of the equipment, and was perceived as such by the relevant public. Opposition under Section 5(4)(a) therefore failed (MedGen case distinguished).

Full decision O/208/01 PDF document31Kb