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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> BE NATURAL (Trade Mark: Opposition) [1999] UKIntelP o10699 (8 April 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o10699.html
Cite as: [1999] UKIntelP o10699
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BE NATURAL (Trade Mark: Opposition) [1999] UKIntelP o10699 (8 April 1999)
For the whole decision click here: o10699
Trade mark decision
- BL Number
- O/106/99
- Decision date
- 8 April 1999
- Hearing officer
- Mr G Salthouse
- Mark
- BE NATURAL
- Classes
- 30
- Applicant
- Multiple Marketing Limited
- Opponent
- Surene Pty Limited
- Opposition
- Sections:- 3(6) & 5(4)(a)
Result
Section 3(6) - Opposition successful
Section 3(6) - Opposition successful
Section 5(4)(a) - No finding
Section 5(4)(a) - No finding
Points Of Interest
- None
Summary
It appeared from the evidence that the applicants had acted as distributors of the opponents’ products in the UK, using the opponents’ pre-existing mark BE NATURAL, registered in Australia. In view of this strong prima facie case of bad faith, which had not elicited a response from the applicants the Hearing Officer found the opponents successful under Section 3(6). He made no finding under Section 5(4)(a).