Trade mark decision

BL Number

O/015/00

Decision date

31 January 2000

Hearing officer

Mr M Knight

Mark

TRANSPAY

Classes

16, 36

Applicants

Barclays Bank Plc

Opponents

Chequepoint Express Inc

Result

Sections 3(1)(b) & 3(3)(b) - Dismissed

Section 5(2)(b) - Opposition failed

Points Of Interest

• Findings on the effect of events taking place after the notice of opposition - Sections 6, 37 and 40.

Summary

The evidence did not address the issues to be determined under Sections 3(1)(b) and 3(3)(b) and these grounds were dismissed accordingly. The opposition under Section 5(3)(b) was based on two registrations of the mark TRANSCHEQ (in Classes 16 and 36) which were extant at the time opposition was filed but which had since expired and could no longer be restored. The Hearing Officer concluded that these were no longer "earlier trade marks" (Section 6) and the opposition under Section 5 therefore failed. However, the Hearing Officer went on to find that in any case the marks were not confusingly similar within the meaning of Section 5(2) and the opposition therefore failed on that ground also.

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