Trade mark decision

BL Number
O/355/07
Decision date
6 December 2007
Hearing Officer
Mr M Reynolds
Mark
TROPIWAY
Classes
30
Applicants
Flying Trade Ltd
Opponents
Wanis Limited
Opposition
Sections 3(6) & 5(4)(a)

Result

Section 3(6): Opposition successful. Section 5(4)(a): Opposition successful.

Points Of Interest

  • Bad faith; applicants’ state of knowledge at time of application.

Summary

The opponent claimed to have devised the mark when acting as a distributor of African food products in the UK. The applicants, it was alleged, was a sub-distributor in the same market. Their attempt now to register the mark in their name was in bad faith and would result in passing-off.

Having reviewed the history disclosed by the evidence the Hearing Officer found for the opponents under both grounds of opposition.

Full decision O/355/07 PDF document122Kb