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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MENTAL (Trade Mark: Opposition) [1998] UKIntelP o15498 (22 July 1998)
URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o15498.html
Cite as: [1998] UKIntelP o15498
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MENTAL (Trade Mark: Opposition) [1998] UKIntelP o15498 (22 July 1998)
For the whole decision click here: o15498
Trade mark decision
- BL Number
- O/154/98
- Decision date
- 22 July 1998
- Hearing officer
- Mr M Reynolds
- Mark
- MENTAL
- Classes
- 25
- Applicants
- Mrs D J Aspey & M A Aspey
- Opponents
- Do Rags Inc
- Opposition
- Section 3(6) & 5(4)(a)
Result
Section 3(6) - opposition failed
Section 5(4)(a) - opposition failed
Points Of Interest
- None.
Summary
the opponents claimed to have used the mark in the UK on their range of clothing through distributors appointed by them. However, the Hearing Officer could find nothing in the evidence to suggest that there had been any kind of past relationship between the parties to these proceedings. He dismissed the allegation of bad faith.
Reviewing the matter under Section 5(4)(a), the Hearing Officer considered that the crucial issue was whether the opponents had, at the date of application, established a goodwill or reputation here. From the evidence, he decided that they had not.