Trade mark decision

BL Number: O/301/07
Decision date: 12 October 2007
Hearing Officer: Mr A James
Mark: APS
Classes: 37, 42
Applicants: Ashford Property Services Ltd
Opponents: APS Project Management Limited
Opposition: Section 5(4)(a)

Result

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

Points Of Interest

1. Challenges to evidence
2. Acquiescence; estoppel

Summary

A substantial volume of evidence was filed by both sides, from which the Hearing Officer made a number of findings of fact). 1) The opponents (APS) or their predecessor in title (Arnold) enjoyed a significant goodwill and reputation by 1994 and that this was identified by a substantial number of persons by the letters APS. 2) The evidence was less strong, however, in relation to quantity surveying or design services. 3) The whole of Arnold’s business and its associated goodwill was transferred to APS. The opponents business was known by the letters APS. In the result the Hearing Officer found that at the date of application the applicants use of the letters APS, alone, in connection with “project management services” was liable to be prevented by the law of passing off. However, this was not true of the ‘quantity surveying services’ or the ‘architectural and design services’. The opposition therefore succeeded in respect of ‘project management services’ but failed in respect of the remainder of the application. Both sides having had a measure of success, the Hearing Officer made no award of costs.

Full decision O/301/07 359Kb