Trade mark decision

BL Number
O/318/05
Decision date
7 December 2005
Hearing Officer
Mrs A Corbett
Mark
BEMA
Classes
05
Registered Proprietor
Makhteshim-Agan (UK) Ltd
Applicant for Invalidity
Bayer AG
Invalidity
Section 47(2)(a) based on Section 5(2)(b)

Result

Section 47(2)(a) based on Section 5(2)(b): - Application for invalidity successful.

Points Of Interest

  • 1. None

Summary

The applicant for invalidity owns the mark BEAM, registered in Class 5 in respect of identical goods as those of the registered proprietor. It also filed details of use of its mark from 1998 onwards.

The registered proprietor also filed evidence as to the nature of the respective products, pesticides, and submitted that great care is taken in the handling and application of such products and that users are usually experienced and specialists. It also stated that use of its mark had commenced in July 2004 and no instances of confusion had come to light.

The Hearing Officer noted that under Section 5(2)(b) she had to take account of the respective specifications and assume normal and fair use in respect of all of the goods listed. In this case identical goods were at issue. The Hearing Officer went on to compare the respective marks BEAM and BEMA and decided that even though they were conceptually different they were close visually and phonetically. She concluded that overall the respective marks were similar and that the application for invalidity succeeded.

Full decision O/318/05 PDF document34Kb