Trade mark decision

BL Number
O/398/01
Decision date
13 September 2001
Hearing Officer
Mr M Foley
Mark
CATAPULT
Classes
35, 42
Applicant
Catapult London Limited
Opponent
Catapult Public Relations Ltd
Opposition
Sections 3(6) & 5(4)(a)

Result

Section 3(6) - Opposition failed.

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

Points Of Interest

  • None

Summary

The evidence filed by the opponents showed that they did not adopt their mark until November 1997 which was after the date the applicants filed this application (15 October 1997). Thus their ground under Section 5(4)(a) failed.

Under Section 3(6) there were two claims made. One related to ownership of the mark but no evidence was filed which cast doubt on the honesty of the applicants. The second related to the width of the specification claimed but the Hearing Officer, while accepted that it went beyond current trading activities, did not consider it unduly broad.

Full decision O/398/01 PDF document26Kb