Trade mark decision

BL Number

O/179/00

Decision date

19 May 2000

Hearing officer

Mr G Salthouse

Mark

GALAXY

Classes

05

Applicant

AgrEvo UK Limited

Opponent

Mars UK Limited

Opposition

Sections 3(3)(b) and 5(3)

Result

Section 3(3)(b) - Opposition failed

Section 5(3) - Opposition succesful

Points Of Interest

• “Without due cause” explained with reference to the unreported case Premier Brands Ltd v Typhoon Europe Limited.

Summary

The opponents owned the mark GALAXY and filed evidence of extensive use and reputation in relation to a range of confectionary products, in particular chocolate. The applicants proposed to use their mark in relation to chemical products for use on crops but their specification covered pesticides insecticides, herbicides and fungicides at large. The opponents feared that use of an identical mark on such goods would be detrimental to the distinctive character of their mark in relating to confectionary products.

Under Section 5(3) the Hearing Officer accepted that the opponents had an extensive reputation in their mark, built up over some 40 years, and there was the possibility that the public might assume some connection between the parties and this would be a damaging association to the opponents confectionary mark. There was also the possibility of accidents if young children confused the two products and suffered injury as a consequence.

The Hearing Officer dealt only briefly with the ground under Section 3(3)(b) and concluded that that ground was misconceived and had no merit.