Trade mark decision

BL Number

O/167/08

Decision date

16 June 2008

Hearing Officer

Mr M Bryant

Mark

RUBICON

Classes

09, 16, 18, 20, 24, 25, 28, 31, 35, 36, 39

Applicants

Rubicon Retail Holdings Limited

Opponents

Rubicon Corporation Limited

Opposition

Section 5(4)(a)

Result

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

Points Of Interest

• Evidence of ‘gearing up’ to begin trading did not establish goodwill or reputation at the material date.

Summary

The opponents claimed to have used the mark RUBICON in respect of insurance services. (The applicants indicated that they had removed ‘insurance services’ from their Class 36 specification, in the course of the proceedings. However, it was unclear from their notice of opposition just what goods and or services the opponents were objecting to).

Having reviewed the evidence of use the Hearing Officer concluded that it was insufficient to support a claim to goodwill or reputation at the material date. The opposition failed accordingly.

Full decision O/167/08 47Kb