Trade mark decision

BL Number

O/401/99

Decision date

15 November 1999

Hearing Officer

Mr M Knight

Mark

MINERVA

Classes

16, 41

Applicants

Reed International Books Ltd

Opponents

Pomaco Ltd

Opposition

Section 3(1)(a), 5(1), 5(2)(a) and (b)

Result

Section 3(1)(a) - not pursued Section 5(1) - opposition successful Sections 5(2)(a) and (b) - opposition successful

Points Of Interest

• 1. Printed matter - what is covered by this term
• 2. Books - what constitutes a book
• 3. See also SRIS O/402/99

Summary

The opponents opposition was based on their registered mark MINERVA and use of that mark in relation, inter alia, to paper and cardboard articles in book form. The Hearing Officer decided in the associated proceedings O/402/99 that the opponents use amounted to use on books which are the same or similar goods to those for which the applicant has applied. As the marks are identical the opponents succeeded under 5(1) in relation to the Class 9 application. As the opponents' goods are likely to be associated with the services applied for by the applicants, the opponents succeeded under Section 5(2)(b).

Full decision O/401/99 16Kb