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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MEDIA LOGIC (Trade Mark: Opposition) [1998] UKIntelP o22098 (6 November 1998)
URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o22098.html
Cite as: [1998] UKIntelP o22098
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MEDIA LOGIC (Trade Mark: Opposition) [1998] UKIntelP o22098 (6 November 1998)
For the whole decision click here: o22098
Trade mark decision
- BL Number
- O/220/98
- Decision date
- 6 November 1998
- Hearing officer
- Mr A James
- Mark
- MEDIA LOGIC
- Classes
- 09, 42
- Applicant
- Nisaba Group Limited
- Opponent
- Media Logic Limited
- Opposition
- Section 5(4)(a)
Result
Section 5(4)(a) - Opposition failed
Points Of Interest
- 1. None
Summary
This application was filed on 26 September 1996. The opponents claimed to have commenced trading as Media Logic in January 1995 and eight invoices relating to sales of about £5k between January 1995 and November 1996 were filed. Further invoices for this period showed twelve sales with a value of about £27k. Two trade declarations were also filed.
Under Section 5(4)(a) - Passing Off - The Hearing Officer concluded from the evidence filed, and the nature of that evidence, that established use at the relevant date was de minimis; that the opponents mark had not acquired a reputation amongst a relative class of persons and, at most, only a tiny number of persons could have been confused by use of the applicants mark in September 1996. Opposition failed.