Trade mark decision

BL Number

O/313/07

Decision date

26 October 2007

Hearing Officer

Mr G Salthouse

Mark

IN 2 GARDEN

Classes

09, 11

Applicants

In 2 Garden Products Limited

Opponents

P.W. Circuits Limited

Opposition

Section 3(6) & 5(4)(a)

Result

Section 3(6) : opposition successful

Points Of Interest

• Failure of witness to attend for cross-examination.

Summary

The Managing Directors of the respective companies had been in a business relationship and had planned to set up a joint business using the mark (which the opponent claimed to have devised and used). Both parties had requested cross-examination of the witnesses but in the event the applicant did not attend the hearing and submit to cross-examination. In these circumstances the Hearing Officer accepted the opponent’s account and concluded from it that the applicant had acted in bad faith. The Hearing Officer did not go on to make a finding under Section 5(4)(a).

Full decision O/313/07 37Kb