Trade mark decision

BL Number

O/181/06

Decision date

27 June 2006

Hearing officer

Mr M Reynolds

Mark

deWindies

Classes

29, 30, 32, 43

Applicant

Paisa Holdings Limited

Opponent

West Indies Cricket Board Inc

Opposition

Sections 5(3) & 56

Result

Section 5(3): Opposition failed.

Points Of Interest

• Section 5(3): evidence of reputation.

Summary

The opposition under Section 5(3) was based on two registrations, WINDIES CRICKET and WINDIES, in Classes 14, 16, 25, 28 & 41.

The issue for the Hearing Officer was whether the name WINDIES was uniquely associated with the W.I.C.B in a trading context and whether as a result that body could claim the sort of reputation required to get a Section 5(3) case off the ground.

In the absence of evidence as to how the opponent had used either or both of its earlier trade marks, however, the Hearing Officer had no basis for concluding that the necessary reputation existed.

The Section 5(3) failed, as did the Section 56 claim.

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URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o18106.html