Trade mark decision

BL Number

O/237/99

Decision date

20 July 1999

Hearing Officer

Mr M Reynolds

Mark

INDEPENDENCE

Classes

20

Applicant

AKW Medi-Care Ltd

Opponent

Huntleigh Technology Plc

Opposition

Section 5(4)(a)

Result

Section 5(4)(a) - Opposition succeeded

Points Of Interest

• None

Summary

Opposition based on opponent’s use of the mark INDEPENDENCE for over 6 years prior to the relevant date in respect of the same goods as covered by the mark in suit (notably kitchen furniture adapted for people with special needs). Applying the usual passing-off tests under Section 5(4)(a) the Hearing Officer had no hesitation in concluding that the opponent had established goodwill in its mark, its evidence in that respect being unchallenged and the applicant’s claim to prior use being unsubstantiated. Moreover, since the marks and goods were the same, the inescapable conclusion that there was likely to be misrepresentation and resultant damage. The opposition therefore succeeded.

Full decision O/237/99 12Kb