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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MINIMAX (Trade Mark: Opposition) [2008] UKIntelP o01208 (17 January 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o01208.html
Cite as: [2008] UKIntelP o1208, [2008] UKIntelP o01208
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MINIMAX (Trade Mark: Opposition) [2008] UKIntelP o01208 (17 January 2008)
For the whole decision click here: o01208
Trade mark decision
- BL Number
- O/012/08
- Decision date
- 17 January 2008
- Hearing officer
- Mr M Foley
- Mark
- MINIMAX
- Classes
- 01, 09
- Applicant
- Minimax GmBH & Co KG
- Opponent
- Chubb Fire Limited
- Opposition
- Section 5(4)(a)
Result
Section 5(4)(a): Opposition successful
Points Of Interest
- Residual goodwill can be kept alive by refilling and/or refurbishing existing branded goods.
Summary
The MINIMAX mark was used in relation to fire extinguishers from 1903 to 1955 when it was taken over by Chubb (the current opponent) in 1981. A new range of fire extinguishers under the MINIMAX mark was launched in 1992 and there was to have been a re-launch in 1999 but this did not take place because of a company reorganisation. The opponent also states that it currently refills and refurbishes 95-100 MINIMAX stored pressure extinguishers each years and some 30 older CO2 and powder extinguishers each year.
The Hearing Officer noted that the opponent’s evidence was given by its commercial manager and was unchallenged. The Hearing Officer accepted that there had been no use of the mark in relation to new products since at least 1999 but he accepted that the proprietor had a residual goodwill in the mark which was kept alive by its refill and refurbishing activities. Opposition thus succeeded.