Trade mark decision

BL Number
O/233/00
Decision date
5 July 2000
Hearing Officer
Dr W J Trott
Mark
SHOWERCARE
Classes
11
Registered Proprietor
Contour Showers Ltd
Applicant for Invalidity
Autumn Mobility Ltd
Opposition
Sections 47(2)(b) & 5(4)(a)

Result

Sections 47(2)(b) & 5(4)(a) - Application for Invalidity failed

Points Of Interest

  • None.

Summary

The applicants claimed that they had initially commenced to use the term Shower Care in 1985 and had then gone on to use SHOWERCARE as a mark from 1986 up to the relevant date of 1996 and beyond. The registered proprietors claimed to have used their mark SHOWERCARE from 1988 onwards but the Hearing Officer noted that the supporting evidence for this claim was inconsistent.

Under Section 5(4)(a) - Passing Off - The Hearing Officer reviewed the applicants evidence carefully but was unable to find support in the evidence filed, for the claims made. In the first instance the use had been descriptive and in the Hearing Officers view this continued to a large extent even when they used the mark as one word SHOWERCARE in their brochures. Additionally, it was not used in respect of any particular product nor did it appear on any goods. In conclusion the Hearing Officer concluded that the paucity of the evidence filed was insufficient to show that the applicants had a goodwill in their mark at the relevant date.

Full decision O/233/00 PDF document34Kb