Trade mark decision

BL Number: O/358/99
Decision date: 13 October 1999
Hearing Officer: Mr A James
Mark: PACO/PACO RABANNE
Classes: 25
Applicants: Paco Rabanne Parfums
Opponents: Paco Holdings Ltd
Opposition: Section 3(3)(b) and 3(6) Section 5(2)(b) and 5(3)

Result

Section 3(6) - Opposition failed.

Points Of Interest

1. See also SRIS 0/359/99 PACO / PACO LIFE IN COLOUR

Summary

At the Hearing all grounds of opposition other than Section 3(6) were withdrawn at the outset. However, the opponents sought to introduce a new ground under the Paris Convention (Section 56(1)). The Hearing Officer considered the matter in some detail but refused the request.

Under Section 3(6) it was claimed by the opponents that this application had been filed with the PACO element much enlarged in order to impede or stop the opponents registration of their marks incorporating the element PACO in which they claimed a reputation. In the event the Hearing Officer concluded that the opponents had not made their case under Section 3(6) and thus failed with their opposition.

Full decision O/358/99 34Kb