Trade mark decision

BL Number

O/314/00

Decision date

23 August 2000

Hearing Officer

Mr G Salthouse

Mark

BARMAMBO

Classes

42

Applicants

Michael Harper

Opponents

Big Fish Limited

Opposition

Sections 3(1)(b), 3(1)(c), 3(1)(d) & 3(6)

Result

Opposition succeeded under Section 3(1)(b) and 3(1)(c).

Opposition under 3(1)(d) failed.

Opposition under 3(6) not proven.

Points Of Interest

• "That a small number of traders may use the word (MAMBO) as part of a trade mark does not necessarily make the word “customary in trade”, but it can be taken as a pointer towards the aptness of the word for use in connection with ..................".

Summary

Evidence showed that the word MAMBO was descriptive of a certain type of music, and was in use by other traders. The Hearing Officer found that, absent use, registration of the mark was barred by Sections 3(1)(b) and 3(1)(c), but was not barred by Section 3(1)(d). There was no evidence to support the allegation of bad faith under Section 3(6).

Full decision O/314/00 22Kb