Decision Nº O/508/13 from Intellectual Property Office - (Trade market), 17 December 2013
| Judge | Mr A James |
| Date | 17 December 2013 |
| Registration Number | UK00002575617 |
| Administrative Decision Number | O/508/13 |
| Court | Intellectual Property Office (United Kingdom) |
O-508-13
TRADE MARKS ACT 1994
TRADE MARK APPLICATION 2575617
BY HESKETH RACING LIMITED
AND
OPPOSITION 102295
BY
LORD THOMAS ALEXANDER FORMOR-HESKETH
2
BACKGROUND AND MATTERS IN DISPUTE
1. On 16 March 2011 Hesketh Racing Ltd filed application no. 2575617 to register
the following mark for the following goods:
Class 25: Clothing, footwear, headgear.
2. Lord Thomas Alexander Formor-Hesketh (“Lord Hesketh”) filed an opposition
against the application. The grounds of opposition are, in summary, as follows:
• The name HESKETH was first used by Lord Hesketh in relation to his motor
racing business in 1972 in the UK and has been used continuously since that
date. The following sign (“the Super Bear”) was used by Lord Hesketh in
relation to his motor racing business in or about 1974 and was used on a
worldwide basis until about 1978:
• Both the name HESKETH and the Super Bear have been used in relation to
T-shirts, decalcomanias, advertisement hoardings, clothing, postcards, racing
cars and motor racing. In relation to these goods and services Lord Hesketh
owns goodwill in, and/or has significant reputation in, both the name
HESKETH and the Super Bear. The extensive use of the Super Bear and
worldwide repute of Lord Hesketh and his motor racing business have
resulted in residual goodwill in the Super Bear. By using and applying to
register the applicant’s mark the applicant has made a misrepresentation
likely to lead the public to believe that the goods offered and/or provided by
the applicant are those of, or related to, Lord Hesketh, who has and/or is likely
to suffer damage as a result.
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