Drum roll, please: PANDEMONIUM DRUMMERS trade mark opposition decision

As a technical point, the Association is not an incorporated entity, so the opponent was changed to Howard Kemp as trustee for the association.

The opposition had two grounds: bad faith and passing off.  The applicant had been a member of the Association, but had been suspended following his incorporation of a limited company under the name Pandemonium Drummers CIC Ltd.  He then filed the trade mark application, ie following his suspension and knowing that he was not entitled to act on behalf of the Association.

This, according to the hearing officer, was evidence of bad faith because the applicant was seeking to maintain sole control of  the trade mark and to disrupt the activities of the association.  The hearing officer therefore concluded that the opposition should succeed on this ground and that he did not need to consider the passing off ground.

The decision is interesting because it turns purely on the issue of bad faith, a ground which does not often succeed due to the evidential burden, and shows that it is possible to succeed on this ground alone in the appropriate circumstances.

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