Trade mark decision

BL Number

O/165/06

Decision date

20 June 2006

Hearing officer

Mr M Reynolds

Mark

TIGERTAILZ

Classes

09, 25

Applicant

Stephen James Denham

Opponent

Justin Smith (aka Pepsi Tate) John Pepper (aka Jay Pepper) & Andrew Jones (aka Kim Hooker)

Opposition

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

Result

Section 3(6): Opposition successful. Section 5(4)(a): Opposition successful. Section 5(4)(b): Ground dismissed.

Points Of Interest

• “Partnerships at will”.

Summary

The dispute related to the rights of former/present members of a music group.

As the application was for registration of the word TIGERTAILZ the copyright in the logo version was not a matter before the Registrar and hence the Section 5(4)(b) ground was quickly dismissed.

Despite a fairly lengthy period of inactivity on the part of the group, the Hearing Officer decided that there was a sufficient residue of goodwill in the name and the Section 5(4)(a) objection succeeded accordingly.

The Section 3(6) objection also succeeded.

In accordance with the wishes of the parties (who were not professionally represented), the Hearing Officer made no award as to costs.

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