Trade mark decision

BL Number

O/302/99

Decision date

27 August 1999

Hearing officer

Mr M Knight

Mark

MA1

Classes

25

Applicants

L Cohen Clothing Ltd

Opponents (joint)

Leith Products & Thatchreed Ltd

Opposition

Sections 3(1)(a), 3(1)(b), 3(1)(c), 3(1)(d) 3(3)(b) & 3(6)

Result

Section 3(1)(a): - Opposition failed.

Section 3(1)(b): - Opposition failed.

Section 3(1)(c): - Opposition upheld in part.

Section 3(1)(d): - Opposition upheld in part.

Section 3(3)(b): - Opposition failed.

Section 3(6): - Opposition failed.

Points Of Interest

• Costs: Applicants to pay only nominal costs if application amended as proposed by Hearing Officer, who took into account opponents’ failure to narrow their objections to goods on which MA2 was considered descriptive.

Summary

Opposition based on opponents’ claim that the terms MA2 and MA-2 were generic in relation to military or flying jackets. The same claim was made in respect of the marks MA and MA-1 as included in the original application, but the applicant conceded the point in relation to those marks and amended the application to delete them.

In regard to the cited grounds of opposition under Section 3, the Hearing Officer found on the evidence that the mark in suit was in use descriptive of a particular type of flying jacket, though not of any other type of clothing. Opposition under Sections 3(1)(c) and (d), was therefore upheld in part. However, he found no basis for upholding opposition on any of the other grounds cited under Section 3(1) or 3(3). Nor could he find on the evidence, or applying the usual case law, any basis for concluding that the application was made in faith.

The application was therefore allowed to proceed to registration subject to an exclusion in respect of "military style clothing, head wear and footwear".