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United Kingdom Intellectual Property Office Decisions
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SOFRA RESTAURANTS (Trade Mark: Opposition) [1999] UKIntelP o02299 (21 January 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o02299.html
Cite as:
[1999] UKIntelP o2299,
[1999] UKIntelP o02299
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SOFRA RESTAURANTS (Trade Mark: Opposition) [1999] UKIntelP o02299 (21 January 1999)
For the whole decision click here: o02299
Trade mark decision
- BL Number
- O/022/99
- Decision date
- 21 January 1999
- Hearing officer
- Mr M Reynolds
- Mark
- SOFRA RESTAURANTS
- Classes
- 42
- Applicant
- Charles Robert Maxwell
- Opponents
- Sofra Restaurants Limited
- Opposition
- Sections 3(3)(b), 3(4), 3(6), 5(2)(b), 5(3), 5(4)(a).
Result
Opposition under Section 5(4)(a) successful; all other grounds failed.
Opposition under Section 5(4)(a) successful; all other grounds failed.
Points Of Interest
-
(i) passing off - degree of proof required in undefended action.
Summary
CRM applied to register the mark SOFRA RESTAURANT, but did not defend the application when challenged by opponents SRL. Hearing Officer dismissed all other grounds but held that the evidence filed in support of the passing off case was sufficient in view of the applicant's failure to defend.