Trade mark decision

BL Number

O/253/01

Decision date

8 June 2001

Hearing officer

Mr G Salthouse

Mark

PRIMEDIA

Classes

16, 38, 41

Applicant

Primedia Limited

Opponent

Mr Harvey Toor

Opposition

Section 5(4)(a)

Result

Section 5(4)(a) - Opposition partially successful

Points Of Interest

• 1. Section 5(4)(a) prevents registration of marks which at the relevant date would be contrary to the law of passing off; it does not extend to any "natural extensions" of the opponents business.

Summary

The opposition was based on the opponent’s prior use of his mark PRIMEDIA in relation to the supply and rental of multimedia goods and services. The Hearing Officer found the opponent’s case proved in respect of identical goods and services in the applicants’ specification, and he ordered the amendment of their specifications accordingly. He did not, however, accept that the refusal should extend to any ‘natural extension’ of the opponent’s business.

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