Trade mark decision

BL Number
O/223/03
Decision date
7 August 2003
Hearing Officer
Mr S P Rowan
Mark
APRES SPORT PRO-TAN ACTIVE BOD
Classes
03
Applicant
James Forrest
Opponent
Performance Brands Inc
Opposition
Sections 3(1)(b); 3(1)(d); 3(6) & 5(4)(a)

Result

Section 3(1)(b) - Opposition failed.

Section 3(1)(d) - Opposition failed.

Section 3(6) - Opposition failed.

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

Points Of Interest

  • 1. None

Summary

The opponent objected on absolute grounds but also as owners and users of the unregistered mark PRO-TAN.

The Hearing Officer dismissed the grounds under Sections 3(1)(b) and 3(1)(d) since the mark, as a whole, could not be said to be devoid of distinctive character nor to consist exclusively of signs or indications customary in the relevant trade.

The opponent likewise failed to establish bad faith. The Section 3(6) ground was dismissed.

The opponent also failed to show the necessary goodwill and reputation, and accordingly failed under Section 5(4)(a)

Full decision O/223/03 PDF document55Kb