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United Kingdom Intellectual Property Office Decisions
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DEMON ALE (Trade Mark: Opposition) [1999] UKIntelP o07299 (5 March 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o07299.html
Cite as:
[1999] UKIntelP o07299,
[1999] UKIntelP o7299
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DEMON ALE (Trade Mark: Opposition) [1999] UKIntelP o07299 (5 March 1999)
For the whole decision click here: o07299
Trade mark decision
- BL Number
- O/072/99
- Decision date
- 5 March 1999
- Hearing officer
- Mr D Morgan
- Mark
- DEMON ALE
- Classes
- 32
- Applicant
- Jack Moore
- Opponent
- Les Brasseurs de Gayant
- Opposition
- Sections 3(6); 5(1) & 5(2)
Result
Section 5 - Opposition failed
Section 5 - Opposition failed
Section 3(6) - Opposition successful
Section 3(6) - Opposition successful
Points Of Interest
-
1. Bad faith
-
2. Bona fide intention to use
Summary
The opponents based their opposition on their, at that time unregistered, mark BIERE DU DEMON, and on their allegation (supported by evidence in the form of correspondence) that the applicant had no intention of using the mark. The Hearing Officer found that there was no 'earlier trade mark' and the Section 5 objection failed accordingly. Under Section 3(6), however, the Hearing Officer noted that the applicant had provided no evidence in rebuttal of the evidence provided by the opponents; accordingly he found the allegation proved.