Trade mark decision

BL Number

O/400/99

Decision date

12 November 1999

Hearing officer

Mr A James

Mark

BAYWATCH

Classes

42

Applicants

Gananath Wimalal Ediriwira

Opponents

The Baywatch Production Company

Opposition

Section 5(2), 5(3), 5(4), 32(3) and 3(6)

Result

Section 5(2) - opposition successful

Section 5(3) - no need to decide

Section 5(4) - no need to decide

Section 32(3) and 3(6) - opposition successful

Points Of Interest

• 1. Intention to use - at date of application
• 2. Ownership of company name no assistance in trade mark proceedings
• 3. Without Prejudice Correspondence - can be allowed into proceedings in certain circumstances

Summary

The opponents own a registration for the mark BAYWATCH in Class 30 covering a range of foodstuffs. It is also the name of a well known television programme which was first shown in the UK in 1992 and the opponent has licensees in the UK who sell a range of goods such as sunglasses, magazines, clothing, chocolate Easter eggs etc under the mark. They have prospective restaurant licensees.

Applicant is the owner of the company Bay Watch Restaurants Ltd. Had approached the opponents about possible consent after he coined the mark.

Survey evidence filed by the opponents to show that a significant proportion of those approached associated the mark BAYWATCH for restaurants, with the opponents.

Hearing Officer concluded that mark distinctive in relation to goods in Class 30 and that foodstuffs and restaurant services are very similar. Also applicants reason for adopting mark not feasible. Confusion likely.

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