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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MAGIC BALL (Trade Mark: Opposition) [1999] UKIntelP o12399 (29 April 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o12399.html
Cite as: [1999] UKIntelP o12399
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MAGIC BALL (Trade Mark: Opposition) [1999] UKIntelP o12399 (29 April 1999)
For the whole decision click here: o12399
Trade mark decision
- BL Number
- O/123/99
- Decision date
- 29 April 1999
- Hearing officer
- Mr M Foley
- Mark
- MAGIC BALL
- Classes
- 30
- Applicant
- Zeta Espacial SA
- Opponent
- Societe des Produits Nestle SA
- Opposition
- Section 3(6)*. *An objection was also raised under Section 32(3) but the Hearing Officer dismissed this as in his view that Section does not provide a ground of opposition.
Result
Section 3(6) - Opposition succeeded
Section 3(6) - Opposition succeeded
Points Of Interest
- Bad faith
Summary
The opponents’ case under Section 3(6) was that (a) the applicants had only sought registration after they learnt of the opponents' interest in the mark and to frustrate revocation proceedings which the opponents launched against two other registrations of MAGIC BALL in the applicants' ownership, and (b) the applicants had no intention of using the mark in the full range of goods specified.
After reviewing the evidence the Hearing Officer concluded that both these allegations were well founded and the opposition under Section 3(6) succeeded accordingly.