Trade mark decision

BL Number

O/181/03

Decision date

26 June 2003

Hearing officer

Mr J MacGillivray

Mark

JAVA EXPRESS

Classes

42

Applicant

Hyperama Plc

Opponent

Colin T. Loftus & Keith-Skinkis-Loftus t/a Java Bar Expresso

Opposition

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

Result

Section 5(2)(b): - Opposition failed.

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

Points Of Interest

• 1. See also under BL O/180/03 where the summary is more detailed.
• 2 The opponents appealed to the Appointed Person but had been declared bankrupt by the date of the Hearing. Hearing Officer’s decision upheld in Appointed Person’s decision dated 10 May 2004 (BL O/126/04).

Summary

This case was dealt with in a very similar way to that under BL O/180/03 where the applicant’s mark consisted of the words JAVE EXPRESS. In this case the applicant’s mark contains a device element, and again the Hearing Officer found under Section 5(2)(b) that it was not confusingly similar to the opponent’s JAVA BAR EXPRESSO and cocoa bean device mark or its JAVA and cocoa bean device mark. Opposition thus failed on this ground.

As the Hearing Officer considered that the opponent was in no better position under Section 5(4)(a) – Passing Off – as compared to Section 5(2)(b), he found that the opponent also failed on that ground.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o18103.html