Trade mark decision

BL Number

O/128/98

Decision date

12 June 1998

Hearing officer

Mr M Reynolds

Mark

MYSTICAL LUCKY BAGS

Classes

14, 16, 31

Applicants

Susan James Limited

Opponents

Mr Lucky Bags Limited

Opposition

Sections 5(4)(a) & 5(4)(b)* *The opponents also cited an application of their own under Section 5(2), but this was dated later than the application in suit.

Result

Section 5(4)(a) - opposition failed.

Section 5(4)(b) - opposition failed.

Points Of Interest

• Evidence of use showing descriptive role rather than secondary meaning as a trade mark.

Summary

The Section 5(4)(b) objection was dismissed as insufficiently particularised.

Under Section 5(4)(a) the Hearing Officer was not convinced that the evidence of use showed that the word LUCKY BAGS had been used in other than a descriptive role. The Section 5(4)(a) objection failed, but the Hearing Officer remarked that he might have come to a different view had the opponents been able to demonstrate that the words had acquired a secondary meaning, distinguishing their goods from those of other traders.

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URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o12898.html