Trade mark decision

BL Number: O/218/01
Decision date: 3 May 2001
Hearing Officer: Mr C Bowen
Mark: AIRMASTER
Classes: 11
Applicant: Richard Gatley
Opponent: R & D Ventilation Systems Ltd
Opposition: Sections 3(1)(b) & (c), Section 3(6)

Result

Section 3(1)(b) & (c): - Opposition failed.

Section 3(6) - Opposition succeeded.

Points Of Interest

1. Assignment: Even though the liquidator had transferred certain rights to the opponents the Hearing Officer concluded that in the absence of any mention of "goodwill" he was of the view that rights in the mark AIRMASTER and device had not been transferred to the opponents.
2. Practice re MASTER marks set down.

Summary

The opponents in these proceedings (but under a different name) had earlier applied for a very similar mark for identical goods and had been refused registration by the Registrar. The Hearing Officer in this case applied the Registrar’s practice in relation to "MASTER" marks to the goods at issue here and concluded that the mark AIRMASTER was not precluded from registration by the terms of Section 3(1)(b) and (c) of the Act. It followed that the mark as a totality was also acceptable.

In the recent past the mark at issue here had been used by a company which had gone into voluntary liquidation and the applicant had applied for registration in his own name shortly afterwards. At the date of application rights in the mark were owned by the company in liquidation and therefore the applicant was not the proprietor when he made his application. Opposition under Section 3(6) succeeded.

Full decision O/218/01 40Kb