Trade mark decision

BL Number
O/220/98
Decision date
6 November 1998
Hearing Officer
Mr A James
Mark
MEDIA LOGIC
Classes
09, 42
Applicant
Nisaba Group Limited
Opponent
Media Logic Limited
Opposition
Section 5(4)(a)

Result

Section 5(4)(a) - Opposition failed

Points Of Interest

  • 1. None

Summary

This application was filed on 26 September 1996. The opponents claimed to have commenced trading as Media Logic in January 1995 and eight invoices relating to sales of about £5k between January 1995 and November 1996 were filed. Further invoices for this period showed twelve sales with a value of about £27k. Two trade declarations were also filed.

Under Section 5(4)(a) - Passing Off - The Hearing Officer concluded from the evidence filed, and the nature of that evidence, that established use at the relevant date was de minimis; that the opponents mark had not acquired a reputation amongst a relative class of persons and, at most, only a tiny number of persons could have been confused by use of the applicants mark in September 1996. Opposition failed.

Full decision O/220/98 PDF document32Kb