Trade mark decision

BL Number

O/345/02

Decision date

15 August 2002

Hearing officer

Mr M Knight

Mark

BLUEBIRD ELECTRIC

Classes

12, 16, 25

Applicant

Nelson James Kruschandl

Opponent

Bluebird Electric Limited

Opposition

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

Result

Section 3(6) - Opposition successful.

Section 5(4)(a) - Opposition failed.

Points Of Interest

• 1. Bad faith : actions falling "well short of the standard expected in commerce".
• 2. Application for registration : an object of property belonging to the opponents.

Summary

The applicant and the opponents had formerly had a business relationship in relation to an electric car (invented, or substantially invented by the applicant) to be used in speed record attempts by the opponents (the Director of which was a member of the Campbell family - of speed record fame).

The Hearing Officer decided, from the wording of a 'licence' agreed between the parties and the subsequent actions of the applicant, that the application had indeed been made in bad faith. This finding under Section 3(6) effectively decided the matter. However, the Hearing Officer went on to consider the objection under Section 5(4)(a). In this he found that the opponents had not clearly established in evidence their claim to reputation and this ground failed.

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