Minimax GmbH & Co Kg v Chubb Fire Ltd [2008] EWHC 1960 (Pat) (29 July 2008)

Minimax GmbH & Co Kg v Chubb Fire Ltd [2008] EWHC 1960 (Pat) (29 July 2008)

The evidence did not establish that Chubb Fire Limited had sufficient residual goodwill in the MINIMAX mark at the relevant date to support a passing off action; any use after 1999 was unclear or trivial and could not sustain the opposition under section 5(4)(a).

Citation
[2008] EWHC 1960 (Pat)
Parties
Applicant/appellant: Minimax GmbH & Co KG; Opponent/respondent: Chubb Fire Limited
Jurisdiction
England and Wales
Judgment Date
29 July 2008
Procedural Posture
Trade Mark Appeal / Appeal From Decision of Hearing Officer Acting for Registrar of Trade Marks
Outcome
Appeal allowed
Legal Topics
Passing Off, Trade Mark Registration, Residual Goodwill, Opposition Proceedings
Intellectual Property Trade Marks Passing Off Trade Mark Registration Residual Goodwill Opposition Proceedings

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Parties

Minimax GmbH & Co KG

Applicant/appellant

Chubb Fire Limited

Opponent/respondent

Procedural Posture

Trade Mark Appeal / Appeal From Decision of Hearing Officer Acting for Registrar of Trade Marks

Legal Issues

  1. 1 Whether Chubb Fire Limited had sufficient residual goodwill in the MINIMAX mark at the relevant date to support a passing off action under section 5(4)(a) of the Trade Marks Act 1994
  2. 2 Whether the hearing officer erred in law or principle in finding for the opponent

Ratio Decidendi

The evidence did not establish that Chubb Fire Limited had sufficient residual goodwill in the MINIMAX mark at the relevant date to support a passing off action; any use after 1999 was unclear or trivial and could not sustain the opposition under section 5(4)(a).

Court Disposition

Appeal allowed

Orders

  • The decision of the hearing officer is set aside
  • The opposition is dismissed and the application for registration proceeds