Trade mark decision
- BL Number
- O/323/08
- Decision date
- 9 December 2008
- Hearing Officer
- Mr D Landau
- Mark
- THE FOURMOST
- Classes
- 41
- Applicant
- Joseph David Bower
- Opponent
- Kevin Robert Clarkson
- Opposition
- Section 3(6)
Result
Section 3(6): Opposition successful
Points Of Interest
- Bad faith: application made with intention to prevent use by party with an established goodwill.
Summary
Both parties had at various times been members of the pop music group THE FOURMOST. Reviewing the facts of the case the Hearing Officer concluded that at the date of application the applicant knew that the opponent has been using the mark for a long time and it did appear that his object in applying for registration was to frustrate that use. This was an instance of bad faith.
Full decision O/323/08 64Kb