Trade mark decision

BL Number

O/105/02

Decision date

11 March 2002

Hearing officer

Mr A James

Mark

DRILLVAC

Classes

07

Applicant

Owen Lewis Richardson

Opponent

Alouette Innovation Limited

Opposition

Sections 3(6) & 5(4)(a)

Result

Section 3(6): - Opposition failed

Section 5(4)(a): - Opposition succeeded.

Points Of Interest

• 1. Volume of use required to establish claim of goodwill

Summary

The opponents claim to goodwill in the UK at the relevant date rested on a few sales, a mail shot to potential customers and, shortly before the relevant date, advertisements in trade magazines. The Hearing Officer concluded that these were sufficient to establish the claim of goodwill. The goods and marks being the same misrepresentation and damage could be safely inferred. The opposition under Section 5(4)(a) succeeded accordingly.

The Section 3(6) allegation was that the applicants had no bona fide intention to use the mark in the UK. The Hearing Officer saw that he was being asked to draw inferences and make assumptions about events which had taken place in Australia. This did not establish even a prima facie case, he decided

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URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o10502.html