Gary Macris v Ray Bradbery

This decision concerns an opposition proceeding brought by Gary Macris against a trade mark application by Ray Bradbery. The opponent, Mr Macris, contended that the trade mark at issue was strongly identifiable with him, suggesting a personal association in the minds of consumers.

The primary legal issue before the Hearing Officer was whether the opponent had provided sufficient evidence to establish that the trade mark connotes him in the minds of consumers of the relevant services. This required demonstrating a reputation in the trade mark such that it is strongly identifiable with the subject it is alleged to connote.

The Hearing Officer reasoned that to succeed on this ground, the opponent needed to demonstrate the association in the minds of consumers, typically through evidence of sales figures and advertising expenditure. The opponent's assertion that he was known simply as "Gary" to customers at Enigma was found to be unsubstantiated. Furthermore, a supporting declaration from an employee was considered less persuasive than evidence from customers. While some evidence of commercial value in the trade mark was presented, it was deemed insufficient to establish the required connotation of the opponent in the minds of customers. Consequently, the opposition failed on this ground.

As the opponent failed to establish any of the grounds relied upon, the opposition as a whole failed. The trade mark application was permitted to proceed to registration, subject to any appeal. Costs were awarded against the opponent.