Trade mark decision

BL Number

O/073/99

Decision date

5 March 1999

Hearing officer

Mr M Foley

Mark

HORSEBUMS

Classes

25

Applicant

M J Ainge & Co Limited

Opponent

B.U.M. International Inc

Opposition

Sections 3(3)(b); 3(6); 5(2); 5(3); 5(4) & 56*

Result

Section 5(2)(b) - Opposition failed

Section 5(2)(b) - Opposition failed

Points Of Interest

• The need for precise statement for an objection under Section 5(4) - noted in WILD CHILD, applies equally to other grounds of opposition, "in the interests of justice and fairness".

Summary

*The opponents based their attack on their registration of "b.u.m. equipment"; they provided no evidence in support of any of their other claims. Consequently, the Hearing Officer dismissed all grounds other than Section 5(2)(b). Under that Section he considered that the marks were not similar, and the opposition failed.

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URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o07399.html