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United Kingdom Intellectual Property Office Decisions
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TURNBURY (Trade Mark: Opposition) [1999] UKIntelP o08299 (17 March 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o08299.html
Cite as:
[1999] UKIntelP o08299,
[1999] UKIntelP o8299
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TURNBURY (Trade Mark: Opposition) [1999] UKIntelP o08299 (17 March 1999)
For the whole decision click here: o08299
Trade mark decision
- BL Number
- O/082/99
- Decision date
- 17 March 1999
- Hearing officer
- Mr M Foley
- Mark
- TURNBURY
- Classes
- 21
- Applicant
- Dinex International Inc
- Opponent
- Nitto World Company Limited
- Opposition
- Sections 3(6); 5(3)(b) & 5(4)(a)
Result
Section 3(6) - Opposition failed
Section 3(6) - Opposition failed
Section 5(3)(b) - Opposition failed
Section 5(3)(b) - Opposition failed
Section 5(4)(a) - Opposition failed
Section 5(4)(a) - Opposition failed
Points Of Interest
Summary
The opposition was based on the opponents’ registrations of and reputation in the mark TURNBERRY, registered in respect of various, non similar, goods and as owners of a hotel famous in connection with golf. The Hearing Officer found, on all grounds, that the opponents had failed to establish that the applicants’ mark would take unfair advantage or be detrimental to their mark, would result in passing-off, or was applied for in bad faith.