Trade mark decision

BL Number

O/009/00

Decision date

21 January 2000

Hearing officer

Mr M Foley

Mark

LOADED

Classes

25

Applicants

Valucci Designs Limited (Trading as Hugo Hog's)

Opponents

IPC Magazines Limited

Opposition

Sections 3(6), 5(3), 5(4)(a) & 56(2)

Result

Opposition failed on all grounds

Points Of Interest

• Unfair advantage must rest in something which has benefited the applicants, not in the absence of an action which would have made the act more palatable to the opponents.

Summary

Application for registration was made in respect of clothing; IPC opposed the application on the basis of a registration of the mark LOADED, in respect of printed publications in Class 16. The opponents used their mark as the title of a magazine aimed at young men, and claimed to have sold clothing and other merchandise under that mark.

Opponents conceded that as a UK company they did not qualify for protection under the terms of the Paris Convention; opposition under Section 56 withdrawn. Under Section 5(3) the Hearing Officer found that the application did not take an unfair advantage of, nor was it detrimental to, the distinctive character or repute of the opponents' mark. The opponents had not established a case under Section 5(4)(a); neither did they establish a case of bad faith under Section 3(6).

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