Trade mark decision
- BL Number
- O/347/07
- Decision date
- 23 November 2007
- Hearing Officer
- Mr M Foley
- Mark
- SERENITY
- Classes
- 11
- Applicants
- Focal Point Fires Plc
- Opponents
- Valor Limited
- Opposition
- Sections 3(6) & 5(4)(a)
Result
Section 3(6): Opposition failed. Section 5(4)(a): Opposition successful.
Points Of Interest
- Goodwill; very short period of prior use.
Summary
The opposition was based on the opponent’s use of the identical mark, SERENITY, on identical goods (gas fires etc). Having reviewed the evidence the Hearing Officer concluded that at the relevant date the opponents had a protectable goodwill in the mark, albeit based on a very short period of prior use. Nevertheless, length of use was not the issue and consequently the opposition under Section 5(4)(a) succeeded. The evidence however did not support a case under Section 3(6).
Full decision O/347/07 
51Kb
