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 122Kb