Trade mark decision

BL Number

O/352/01

Decision date

14 August 2001

Hearing officer

Mr M Foley

Mark

LOADED

Classes

09

Applicant

IPC Magazines Limited

Opponent

Loaded Records Limited

Opposition

Section 5(4)(a)

Result

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

Points Of Interest

• The opponents appealed this decision to the Appointed Person. In her decision dated 22 April 2002 (O/191/02) the Appointed Person upheld the Hearing Officer’s decision.

Summary

The opponents filed evidence to show that they had used the mark LOADED in relation to recorded discs and CD's (Compact discs) from 1990 and this was some four years before the applicants commenced to use the mark LOADED in relation to magazines and some five years before this application was filed. The Hearing Officer accepted that the evidence filed by the opponents established that there had been significant use by the opponents of their mark LOADED and that they had a reputation and goodwill in their mark. As the marks and goods were essentially identical it followed that there was a real risk of misrepresentation. Opposition successful.

However, the application also covered other goods not in conflict and if the application was restricted it could proceed in respect of such goods.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o35201.html