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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> RESPOND (Trade Mark: Opposition) [1998] UKIntelP o04298 (4 February 1998)
URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o04298.html
Cite as: [1998] UKIntelP o4298, [1998] UKIntelP o04298
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RESPOND (Trade Mark: Opposition) [1998] UKIntelP o04298 (4 February 1998)
For the whole decision click here: o04298
Trade mark decision
- BL Number
- O/042/98
- Decision date
- 4 February 1998
- Hearing officer
- Mr S J Probert
- Mark
- RESPOND
- Classes
- 09
- Applicant
- Initiative Software Applications Ltd
- Opponent
- Phoenix Software and Consultancy Services Ltd
- Revocation
- Section 5(4)
Result
Section 5(4) - Opposition unsuccessful
Points Of Interest
- None
Summary
The opponent had commence to use their RESPOND mark in October 1993 on a limited scale whereas the applicants had only commenced to use their RESPOND mark in December 1993 and applied to register it on 7 December 1994. The Hearing Officer considered the passing off objection in the light of the tests set down in the Advocaat case and decided that the opponents evidence of use was insufficient to establish a reputation or goodwill at the relevant date. Additionally while the goods at issue were similar the reality of the situation in the marketplace was that any confusion which might arise would not result in significant damage (in a passing-off sense) to the opponents business. Opposition unsuccessful.