Trade mark decision

BL Number

O/288/98

Decision date

27 April 1998

Hearing Officer

Mr N Harkness

Mark

BUILDERS MATE

Classes

01, 07, 19

Applicant

Wickes PLC

Opponent

The Dow Chemical Company

Opposition

Sections 5(2)(b)

Result

Section 5(2)(b) - Opposition successful

Points Of Interest

• New grounds of opposition proposed at hearing. Hearing Officer refused the request

Summary

The opponents provided evidence to show extensive use of their marks ROOFMATE, WALLMATE, FLOORMATE, PERIMATE and AGMATE in relation to a range of insulation products, They, therefore, claimed that they had a reputation in the suffix MATE which indicated goods from their Company. The applicants claimed use of their BUILDERS MATE mark but such use was very specific in that it related to the name of their chain of do-it-yourself stores and no use was shown on actual goods. A claim was also made that others used MATE marks within the building supplies industry but use of such marks was not substantiated.

The Hearing Officer accepted that the opponents owned a family of MATE marks and that they had a reputation in relation to that word. He therefore concluded, in relation to insulation goods, that the opponents were successful in their opposition. Application allowed to proceed for other goods claimed.

Full decision O/288/98 36Kb