Trade mark decision

BL Number
O/256/01
Decision date
13 June 2001
Hearing Officer
Mr M Reynolds
Mark
BOFF
Classes
25
Applicant
H Singh Sanger
Opponent
OH Trading Co Inc
Opposition
Sections 3(6) & 5(4)(a)

Result

Section 3(6): - Opposition failed. Section 5(4)(a): - Opposition failed. Section 5(4)(a): - Opposition failed.

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

Points Of Interest

  • None

Summary

The opponents claimed use of the mark BOFF in the UK from 1997 but much of their material was undated or after the relevant date of 25 July, 1998. Additionally sales figures of approximately $ 50,000 after September 1997 were not detailed; particularly as to what portion fell before the relevant date. The Hearing Officer found the claim to a goodwill to be unsubstantiated. Opposition under Section 5(4)9a) - Passing Off - therefore failed.

Insofar as the ground under Section 3(6) was concerned the Hearing Officer concluded that there was no evidence to support a claim that the applicant had been aware of the opponents mark when the application was made. Additionally, there was some evidence from the applicant which showed that he had used his mark for some time, and indeed before the opponents claimed first use. Opposition on this ground failed.

Full decision O/256/01 PDF document15Kb