Trade mark decision

BL Number
O/334/03
Decision date
4 November 2003
Hearing Officer
Mr D Landau
Mark
BRITISH EUROPEAN / BRITISH EUROPEAN PART OF WALKER AVIATION
Classes
12, 16, 18, 25, 28, 37, 39
Applicant
Jersey European Airways (UK) Ltd
Opponent
British Airways PLC
Opposition
Sections 5(2)(b), 5(3) & 5(4)(a)

Result

Section 5(2)(b): - Opposition failed.

Section 5(3): - Opposition failed.

Section 5(4)(a): - Opposition failed.

Points Of Interest

  • Three separate applications (not consolidated) but dealt with in one decision.

Summary

The opponents opposition was based on their ownership of a number of registrations of their mark BRITISH AIRWAYS and device in a range of Classes for identical and similar goods and services and a registration of the mark BEA in Class 39 in respect of identical services to those of the applicants.

The opponents filed evidence to confirm a reputation in their mark BRITISH AIRWAYS and stated that the mark BRITISH EUROPEAN AIRWAYS had been used by a predecessor in title from 1946 to 1974 and they retained a residual goodwill in that mark. They claimed the sale of memorabilia had kept this mark before the public but evidence filed to support this claim was less than convincing.

The Hearing Officer compared the respective marks BRITISH AIRWAYS and device and BRITISH EUROPEAN and device and concluded that they were not similar. Nor was BEA similar to the marks applied for. This finding was fatal to the opponents’ grounds of opposition under Sections 5(2)(b) and 5(3).

As regards the grounds under Section 5(4)(a) – Passing Off – the Hearing Officer was not convinced that the opponents had any residual goodwill emanating from use which had ceased some twenty six years previously. Opposition also failed on this ground.

Full decision O/334/03 PDF document195Kb