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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MYSTICAL LUCKY BAGS (Trade Mark: Opposition) [1998] UKIntelP o12898 (12 June 1998)
URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o12898.html
Cite as: [1998] UKIntelP o12898
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MYSTICAL LUCKY BAGS (Trade Mark: Opposition) [1998] UKIntelP o12898 (12 June 1998)
For the whole decision click here: o12898
Trade mark decision
- BL Number
- O/128/98
- Decision date
- 12 June 1998
- Hearing officer
- Mr M Reynolds
- Mark
- MYSTICAL LUCKY BAGS
- Classes
- 14, 16, 31
- Applicants
- Susan James Limited
- Opponents
- Mr Lucky Bags Limited
- Opposition
- Sections 5(4)(a) & 5(4)(b)* *The opponents also cited an application of their own under Section 5(2), but this was dated later than the application in suit.
Result
Section 5(4)(a) - opposition failed.
Section 5(4)(b) - opposition failed.
Points Of Interest
- Evidence of use showing descriptive role rather than secondary meaning as a trade mark.
Summary
The Section 5(4)(b) objection was dismissed as insufficiently particularised.
Under Section 5(4)(a) the Hearing Officer was not convinced that the evidence of use showed that the word LUCKY BAGS had been used in other than a descriptive role. The Section 5(4)(a) objection failed, but the Hearing Officer remarked that he might have come to a different view had the opponents been able to demonstrate that the words had acquired a secondary meaning, distinguishing their goods from those of other traders.