Trade mark decision

BL Number

O/306/02

Decision date

31 July 2002

Hearing Officer

Mr J MacGillivray

Mark

SYNERGIE

Classes

35, 41

Applicants

Sidergie

Opponents

The Synergy Group Limited

Opposition

Section 3(6)

Result

Section 3(6) - Opposition failed.

Points Of Interest

• 1. Intention to use - sufficient to defeat a claim of bad faith (Section 3(6)).

Summary

The opponents opposition was based on a claim that the applicants had not used their mark in the UK up to the present, even though four years has elapsed since the application for registration was filed. They also pointed to the wide specifications claimed and disputed that the applicants’ had an intention to use their mark in relation to all the services listed.

The applicants confirmed their intention to trade in the UK and confirmed that contact had already been made with the Temporary Employment Trade Federation and a number of UK companies. The applicants stated that their mark is currently in use in Spain, Italy, Czech Republic, Slovakia and Canada.

The Hearing Officer noted the applicants current use and their intention to trade in the UK. As there is no requirement to trade before registration is achieved - and even then five years is allowed to put a mark into use before rectification becomes available to an applicant - the Hearing had little difficulty in deciding that the opponents failed in their opposition under Section 3(6).

Full decision O/306/02 27Kb