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 PDF document64Kb