Trade mark decision

BL Number
O/459/01
Decision date
18 October 2001
Hearing Officer
Mr M Reynolds
Mark
DEVICE ONLY MARK
Classes
16, 41
Applicant
Sutton Publishing Limited
Opponents
Brooks Brothers Inc
Opposition
Sections 5(3); 5(4)(a)**This had originally been mistakenly cited as 4(a); the Hearing Officer allowed this to be corrected as a clerical error.

Result

Section 5(3) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

  • The analysis of the evidence in support of the claimed reputation.

Summary

Dealing with the Section 5(4)(a) objection the Hearing Officer, after a detailed consideration of the evidence, concluded that it was insufficient to establish a goodwill or reputation in the opponents’ mark in the UK. He did not therefore feel it necessary to consider the issues of misrepresentation and damage.

This failure to establish a reputation was also fatal to the opponents’ case under Section 5(3). The opposition therefore failed on both grounds.

Full decision O/459/01 PDF document32Kb