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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> AQUARIUS (Trade Mark: Opposition) [2007] UKIntelP o32407 (1 November 2007) URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o32407.html Cite as: [2007] UKIntelP o32407 |
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For the whole decision click here: o32407
Result
Section 5(4)(a): Opposition partially successful.
Points Of Interest
Summary
The opponent claims that his father began trading under the name AQUARIUS in 1975. Later he traded in partnership with his father and on his father’s death he has continued as a sole trader. The name Aquarius Fishing Tackle was registered as a business name in 1975.
The opponent filed significant evidence showing use of the marks AQUARIUS and AQUARIUS FISHING TACKLE in relation to fishing rods and fishing tackle in general. Some £3000 is spend on promotion each year and since the year 2000 turnover under the marks has been of the order of £60k per annum. Six witness statements from the fishing trade and from the Scottish Casting Association all confirm that the mark in suit has been associated with the opponent and his father for some thirty years. The Hearing Officer went on to conclude that the opponent had a reputation and goodwill in the marks AQUARIUS and AQUARIUS FISHING TACKLE in relation to fishing rods in particular and fishing tackle in general.
As regards the respective goods the Hearing Officer decided that the opposition succeeded in respect of all the listed goods in Class 28 (all fishing tackle goods) and in respect of fishing umbrellas (Class 18). He decided, in the absence of any evidence on the matter, that there was no clash with the goods listed in Class 22 (nets, ropes, tents etc) and ordinary umbrellas in Class 18. Applicant allowed a period of 28 days to restrict its specification accordingly.
