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United Kingdom Intellectual Property Office Decisions
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BMF (Trade Mark: Opposition) [1998] UKIntelP o03598 (4 March 1998)
URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o03598.html
Cite as:
[1998] UKIntelP o3598,
[1998] UKIntelP o03598
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BMF (Trade Mark: Opposition) [1998] UKIntelP o03598 (4 March 1998)
For the whole decision click here: o03598
Trade mark decision
- BL Number
- O/035/98
- Decision date
- 4 March 1998
- Hearing officer
- Mr M Knight
- Mark
- BMF
- Classes
- 25
- Applicant
- Tom Sperring, Paul Sperring & Jason Lambert
- Opponent
- The British Motorcyclists Federation (Enterprises) Ltd
- Opposition
- Section 5(4)(a)
Result
Section 5(4)(a) - Opposition successful
Points Of Interest
Summary
The opponents claimed to have used the mark BMF and device of a motorcycle from the mid 1970's onwards in relation to a range of clothing and in particular clothing for motorcyclists. Evidence was filed by the opponents to confirm such use and in the absence of a challenge from the applicants the Hearing Officer concluded that the opponents had established a sufficient reputation to substantiate their ground under Section 5(4)(a) - Passing Off. As the marks at issue were very similar and identical goods were at issue the Hearing Officer was satisfied that if the applicants were to use their mark the public would be deceived and the opponents would suffer damage to their business. Opposition successful.