Laboratoires La Prairie v Wendy Stockden-Brock

Laboratoires La Prairie (the applicant) sought to register a trade mark, which was accepted with an endorsement indicating use prior to 21 May 2003. Wendy Stockden-Brock (the opponent) opposed this application, relying on their SILVER RAIN trade mark, which claimed a priority date of 21 May 2003. The proceedings were heard by Don Nancarrow, a Hearing Officer in the Trade Marks Hearings.

The primary legal issues before the Hearing Officer were whether the applicant's claimed use of the trade mark constituted a representation false in material particulars, and whether the application should be refused on grounds relating to the opponent's prior rights and the applicant's conduct. Specifically, the court had to determine if the applicant's declarations regarding the date of first use of their trade mark were credible and if they had made any misleading representations to the Trade Marks Office.

The Hearing Officer found that the applicant's initial declaration claimed use of the mark from February 2002, while a subsequent declaration from the applicant amended this claim to a later date. This discrepancy was considered a representation false in material particulars, leading to the opponent succeeding on this ground of opposition under section 62(b) of the relevant Act. Furthermore, the Hearing Officer found that the opponent had also succeeded on grounds relating to prior rights under section 44 of the Act.

Consequently, the Hearing Officer refused the registration of the applicant's trade mark application and ordered the applicant to pay the opponent's costs.