Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> WILLIAM LEITH NEW CENTURY MARQUES (Trade Mark: Opposition) [2000] UKIntelP o01800 (31 January 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o01800.html
Cite as: [2000] UKIntelP o01800, [2000] UKIntelP o1800
[New search] [Printable PDF version] [Help]
WILLIAM LEITH NEW CENTURY MARQUES (Trade Mark: Opposition) [2000] UKIntelP o01800 (31 January 2000)
For the whole decision click here: o01800
Trade mark decision
- BL Number
- O/018/00
- Decision date
- 31 January 2000
- Hearing officer
- Mr A James
- Mark
- WILLIAM LEITH NEW CENTURY MARQUES
- Classes
- 22, 42
- Applicants
- William Leith
- Opponents
- Anchor Industries Incorporated
- Opposition
- Sections 5(2)(b), 5(4)(a), 3(6) and Section 32(3)
Result
Sections 5(2) and 5(4) - Opposition failed
Section 3(6) - Opposition succeeded
Points Of Interest
- Instance of "bad faith" on the part of a former customer.
Summary
The opposition under Section 5(2) was based on the opponents' registration of the mark CENTURY and under Section 5(4) on the opponents' use of the mark NEW CENTURY. The applicant had been a customer for the opponents' goods sold under the latter mark. The Hearing Officer did not find a potential confusion under Section 5(2), and did not consider that the evidence could support a case of passing off under Section 5(4). However, the applicant's appropriation of the mark NEW CENTURY, having been a customer for goods sold under that mark was not in accordance with acceptable standards of commercial behaviour. The opposition therefore succeeded under Section 3(6). The Hearing Officer did not rule on the possibility of opposition under Section 32(3).