Trade mark decision

BL Number
O/221/05
Decision date
3 August 2005
Hearing Officer
Mr M Foley
Mark
ECOBLOCK
Classes
19
Applicant
Aggregate Industries UK Limited
Opponent
Cooper Clark Group Limited
Opposition
Section 5(4)(a)

Result

Section 5(4)(a): - Successful.

Points Of Interest

  • 1. None

Summary

The opponents claimed to have used the mark ECOBLOCK since 1997 on soil and grass protective systems which combined the advantages of hard-standing and load bearing pavements with the aesthetic benefits of a grassed area.

Reviewing the evidence the Hearing Officer noted that in a sector which both sides accepted had a large number of players the opponents were second in size, with an 18% share of the market and had customers all over the country. He had no hesitation in concluding that they had accrued a reputation and goodwill amongst the relevant public. Given that the marks were identical and the goods similar, the opposition under Section 5(4)(a) succeeded.

Full decision O/221/05 PDF document37Kb