Trade mark decision

BL Number

O/349/03

Decision date

14 November 2003

Hearing officer

Mr O Morris

Mark

WONDERSUN

Classes

25

Registered Proprietor

Heilongjiang Sheng

Applicants for a declaration of Invalidity

Golden Wonder Limited

Application for Invalidation

Section 47(2), (5(2)(b) & 5(4)(a))

Result

Section 5(2)(b): - Application for invalidation partially and provisionally successful.

Section 5(4)(a): - Application dismissed.

Points Of Interest

• 1. Comparison of the marks GOLDEN WONDER v WONDER SUN, and WONDER v WONDER SUN.

Summary

The application was based on a number of earlier marks GOLDEN WONDER, WONDER etc. The registered proprietor did not contest the application; the presumption of validity (Section 72) however could only be overcome if the application had merit.

Under Section 5(2) the Hearing Officer found no likelihood of confusion in the case of the GOLDEN WONDER marks, but provisionally found the applicant successful, in Classes 29 & 30 in the use of the WONDER make, an application not yet registered.

Under Section 5(4)(a) the Hearing Officer found evidence of a goodwill only in respect of the GOLDEN WONDER marks. This part of the application was therefore dismissed.

The application under Section 47(2); citing Section 5(2)(b), was granted, provisionally, dependent on the eventual registration of the applicant’s WONDER mark.

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