Trade mark decision

BL Number

O/406/01

Decision date

17 September 2001

Hearing officer

Mr G Salthouse

Mark

TC TIMESHARE COUNCIL

Classes

16, 35, 36, 41, 42

Applicant

Timeshare Council

Opponent

Timeshare Council SL

Opposition

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

Result

Section 3(6): - Opposition failed.

Section 5(4)(a): - Opposition failed.

Points Of Interest

• 1. The opponents appealed and made an application for leave to file additional evidence. Request refused by Appointed Person in her decision dated 23 August 2002 (BL O/372/02).
• 2. The opponents made an application for Invalidation in 2003. In his decision dated 19 December 2003 (BL O/396/03) the Registrar ruled that the application was Res Judicata and dismissed it.

Summary

The opponents evidence failed to establish that they had any reputation or goodwill in their mark TC TIMESHARE COUNCIL at the relevant date 22 October 1997. Their ground under Section 5(4)(a) - Passing Off - thus failed.

As far as Section 3(6) was concerned the Hearing Officer noted that the applicants had used a very similar mark TTC TIMESHARE COUNCIL and device before the opponents claimed to have designed and adopted their TC TIMESHARE COUNCIL mark. In all the circumstances the Hearing Officer concluded that the opponents had failed to establish or present a prima facie case of bad faith and opposition failed on this ground.

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