Trade mark decision

BL Number

O/250/02

Decision date

20 June 2002

Hearing Officer

Mr S P Rowan

Mark

UNICORN

Classes

16

Applicants

Hana Company Limited

Opponents

Marsh Company

Opposition

Section 5(4)(a)

Result

Section 5(4)(a): - Opposition partially successful.

Points Of Interest

• 1. None

Summary

The opponents opposition was based on a claim to have used a UNICORN and device mark in relation to the same and similar goods as those of the applicants, before the applicants filed their application.

While the opponents evidence was unfocussed and obscure in some respects the Hearing officer accepted that they had established a goodwill and reputation in the mark UNICORN and device in relation to "ink jet printing systems for use in coding and marking packaging on production lines". The Hearing Officer noted that some of the use shown was with the house mark MARSH but the nature of the use shown was sufficient to convince him that the opponents had a reputation in their other mark UNICORN and device.

The applicants specification included the items "Ribbons for typewriters, computer printers, lift-off tapes, ink rolls, ink jet refills, ink jet cartridges and laser toner cartridges" and the Hearing Officer concluded that if the applicants mark was used in relation to these goods misrepresentation would occur. Opposition, therefore, succeeded against the mark applied for in respect of such goods. The application would, however, be allowed to proceed for other goods claimed - calculators, telex machines and cash machines - if the applicants applied to restrict their specification to such goods.

Full decision O/250/02 36Kb