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 >> NORGAS NORGAS (a seres of 2 marks) (Trade Mark: Opposition) [2007] UKIntelP o13007 (15 May 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o13007.html
Cite as: [2007] UKIntelP o13007
[New search] [Printable PDF version] [Help]
NORGAS NORGAS (a seres of 2 marks) (Trade Mark: Opposition) [2007] UKIntelP o13007 (15 May 2007)
For the whole decision click here: o13007
Trade mark decision
- BL Number
- O/130/07
- Decision date
- 15 May 2007
- Hearing officer
- Mr D Landau
- Mark
- NORGAS NORGAS (a seres of 2 marks)
- Classes
- 04, 39
- Applicant
- DCC Energy Limited
- Opponent
- North West Gases Ltd
- Opposition
- Section 5(4)(a)
Result
Section 5(4)(a): Opposition successful.
Points Of Interest
- None.
Summary
The opponent in these proceedings claimed, and provided evidence in support of that claim, that that it has sold and distributed bottled gas under the mark NORGAS from 1996 onwards with turnover in excess of £680K for the years 2001-2004. The relevant date of these proceedings is 19 February 2005 and the Hearing Officer accepted that at that date the opponent had a reputation and goodwill in its mark NORGAS. It thus succeeded in its opposition under Section 5(4)(a) because identical marks and goods were at issue.
The applicant had claimed in its counterstatement that it and its predecessor had used the mark NORGAS in Northern Ireland from 1989 onwards and sales since 1999 had totalled £1.75M. However, as it filed no evidence to support this claim, no account could be taken of it.