Trade mark decision

BL Number

O/065/03

Decision date

6 March 2003

Hearing officer

Mr M Foley

Mark

TNT

Classes

38, 39

Applicant

TNT Holdings BV

Opponent

Turner Network Television Inc

Opposition

Sections 5(2)(b) & 5(4)(a)

Result

Section 5(2)(b) - Opposition partially successful.

Section 5(4)(a) - No formal finding.

Points Of Interest

• 1. Change of opponents; legal identity/substitution.
• 2. Comparison of the services in Class 38.

Summary

As a preliminary point the Hearing Officer was required to consider whether the opposition could continue since the present opponents were a different legal entity from that named as originally filing the notice of opposition. Having considered the relevant case law, and the practical aspects, the Hearing Officer decided that the opposition should be allowed to proceed.

The Hearing Officer considered the matter first under Section 5(2)(b), based on the opponents’ registration of the mark TNT in respect of cable television and broadcasting services in Class 38. He upheld the opposition in respect of telecommunications services in Class 38; the opposition was dismissed in respect of all other services specified in the applications.

The opponents were in no better position under Section 5(4)(a).

He awarded costs to the opponents in respect of their, partially, successful opposition.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o06503.html