Trade mark decision

BL Number

O/496/01

Decision date

9 November 2001

Hearing Officer

Mr M Reynolds

Mark

BLAST

Classes

03, 42

Applicant

Maria Papageorgiou

Opponent

Tony Marterie & Associates

Opposition

Sections 5(2), 5(3) & 5(4)(a)

Result

Section 5(2)(b) Opposition failed

Section 5(3) Opposition failed

Section 5(4)(a) Opposition failed

Points Of Interest

• None.

Summary

The opponents owned registrations for the mark BLAST, including an identical mark to the first mark in the series, in Classes 9, 18 and 25. They claimed use in relation to goods in these classes but their evidence only substantiated use in relation to items of ladies clothing in Class 25. Even here, the Hearing Officer did not accept that a significant reputation or goodwill had been created.

Under Section 5(2) the Hearing Officer noted that identical marks were at issue but determined that the goods of the opponents were in no way similar to the goods and services claimed by the applicants. The opponents thus failed on this ground.

With regard to the ground under Section 5(4)(a) - Passing Off - The opponents had submitted that goods in Classes 3, 9, 18 and 25 are all linked in the sense that they are fashion goods and it was normal for fashion houses to extend their range of goods over all these classes. However, the Hearing Officer noted in this case that the proved use extended only to ladies clothing; that the opponents had not shown that they were a fashion house or that the general public would have an expectation that they would trade in cosmetics etc. The opponents failed on this ground. They also failed under Section 5(3) because the Hearing Officer concluded that their reputation in respect of ladies clothing was insufficient to extend into another and completely different field such as cosmetics.

Full decision O/496/01 54Kb