Trade mark decision

BL Number

O/048/00

Decision date

16 February 2000

Hearing officer

Mr M Reynolds

Mark

"MIX FM" BLACK MIX

Classes

38

Applicants

Basil Davis

Opponents

The British Broadcasting Corporation (BBC)

Opposition

Sections 1(1); 3(1)(a); 3(1)(b); 3(3)(b); 3(6); 5(4)(a); 5(4)(b); 60(1) & 60(2)

Result

Section 3(6) - Opposition successful

Section 5(4)(a) - Opposition failed

All other grounds dismissed

Points Of Interest

• 1. Ownership of marks when developed in the course of a joint company/free lance process.

Summary

At the outset, the opponents indicated that they would not pursue the matter under Sections 1(1); 3(1)(a); 3(3)(b); 5(4)(b); 60(1) and 60(2). The Hearing Officer found, additionally, that the 3(1)(b) ground should be dismissed also.

The applicant had participated in the development and naming of a BBC programme, BLACK MIX. The Hearing Officer found that his status and role in this procedure, whether as producer, employee or free lance, did not support his claim to proprietorship of the name of that programme. On this narrow ground the opposition under Section 3(6) succeeded. The allegation (also under Section 3(6)) that he had no bona fide intention to use the mark, was not accepted, however. Under Section 5(4)(a) the opponents "failed to progress their case beyond generalised claims", and this ground failed accordingly.

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