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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> PROFINISH DEVICE (Trade Mark: Opposition) [1999] UKIntelP o04399 (5 February 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o04399.html
Cite as: [1999] UKIntelP o4399, [1999] UKIntelP o04399
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PROFINISH DEVICE (Trade Mark: Opposition) [1999] UKIntelP o04399 (5 February 1999)
For the whole decision click here: o04399
Trade mark decision
- BL Number
- O/043/99
- Decision date
- 5 February 1999
- Hearing officer
- Mr G Salthouse
- Mark
- PROFINISH & DEVICE
- Classes
- 16, 25
- Applicants
- William Andrew Findlay
- Opponents
- Granville Oil & Chemicals Ltd
- Opposition
- Sections 3(6) & 5(4)(a)
Result
Section 3(6): - Opposition successful.
Section 3(6): - Opposition successful.
Section 5(4)(a): - Opposition successful.
Section 5(4)(a): - Opposition successful.
Points Of Interest
- 1. None
Summary
It was established in the evidence that at the date of application the applicant was an employee of the opponent company, who were using the mark. Consequently the Hearing Officer found that the attack under Section 3(6) succeeded. Likewise, he concluded that the applicants former position as sales manager of the opponents would deceive the public and the attack under Section 5(4)(a) succeeded also.