Trade mark decision

BL Number

O/213/07

Decision date

31 July 2007

Hearing officer

Mr M Foley

Mark

FINE GAEL

Classes

35

Applicant

Patrick Melly

Opponent

Fine Gael

Opposition

Sections 3(3)(b); 3(6); 5(4)(a) & 56

Result

Section 3(3)(b): Opposition failed. Section 3(6): Opposition failed Section 5(4)(a): Opposition failed Section 56: Opposition failed

Points Of Interest

• Section 3(3) (b); deceptive marks; name of a political party.

Summary

The opposition was brought by Fine Gael, a political party in The Republic of Ireland.

The application, in Class 35 specified ‘Business administration, office functions’

The Hearing Officer dealt firstly with the objection under Section 5(4)(a). Having reviewed the matter, however, he concluded that the opponents could not be found to have any goodwill in the UK and the opposition on that ground had inevitably to fail.

Having considered the matter under Section 3(6) the Hearing Officer concluded that although the applicant was aware of the opponents’ long-standing use of the mark as the name of a political party in Ireland his proposed use of it in relation to business activities in the U.K. would not deprive them of the use of it in the furtherance of their political aims, nor would he be hindering them in respect of their intentions regarding its use. In all the circumstances he could not make a finding of bad faith; the 3(6) ground was dismissed.

A want of evidence regarding the extent of the mark’s reputation in the U.K., its commercial value here, its protection (if any) in other jurisdictions resulted in the dismissal of the Section 56 objection also.

Under Section 3(3) (b),the opponents’ assertion that the mark would deceive was not supported by any evidence and this ground too was dismissed.