Trade mark decision

BL Number

O/304/01

Decision date

13 July 2001

Hearing officer

Mr M Reynolds

Mark

SURE FIRE

Classes

04

Applicant

Coal Products Limited

Opponent

Anglia Woodnet Limited

Opposition

Sections 47(1) & (2) based on 3(1)(b), 3(1)(c), 3(6) & 5(4)(a)

Result

Section 47(1) & 3(1)(b) & (c) & 3(6): - Invalidity failed.

Section 47(2) & 5(4)(a): - Invalidity succeeded.

Points Of Interest

• None

Summary

The objection under Section 3 by the opponents was because they had earlier applied for the mark SUREFIRE for similar goods and had been refused registration on the grounds that the mark was devoid of distinctive character. The Hearing Officer noted that at the relevant date the registered proprietors had no use to support their registration but went on to find that the mark was not so descriptive that it should fall foul of Section 3(1)(b) or (c).

Under Section 3(6) the Hearing Officer noted that the two firms operated in different parts of the UK and that no real evidence had been filed to show that the registered proprietors had acted in bad faith when they applied to register their mark.

With regard to the ground under Section 5(4)(a) - Passing Off - the applicants had filed details of use dating some three years prior to the date of application of the registered mark and the Hearing Officer concluded that they had a goodwill in the marketplace at the relevant date. He went on to find that the Section 5(4) ground had been made out and that the application succeeded on this ground.