Trade mark decision

BL Number
O/269/08
Decision date
3 October 2008
Hearing Officer
Mr D Landau
Mark
TAYLOR HARVEY (two applications)
Classes
35, 36, 37, 42, 45
Applicants
Warren Penfold & Nicholas Gill
Opponent
Mark Taylor
Opposition
Sections 3(6) & 5(4)(a)

Result

Section 3(6): Opposition successful. Section 5(4)(a): Opposition successful.

Points Of Interest

  • Partnerships; ownership of marks on dissolution; bad faith.

Summary

This opposition arose from what the Hearing Officer described as “the acrimonious dissolution of a partnership of chartered surveyors”. Matters arising from that dissolution were still in dispute between the parties; the Hearing Officer, however, concluded that even a resolution of that dispute would not necessarily settle the matter before him. He therefore decided to proceed with a decision on the opposition.

After a detailed examination of the evidence he concluded that the applicants “knew that the use of the trade mark was a matter of dispute (and) they accept that (the opponent) has some right to them”. He therefore found that the application had been made in bad faith and should be refused under Section 3(6).

He also found that use of the mark would dilute the goodwill owned by the firm or even destroy it. The opposition therefore succeeded under Section 5(4)(a) also.

Full decision O/269/08 PDF document180Kb