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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> RUBY BRAND R (Trade Mark: Invalidity) [1999] UKIntelP o13199 (14 May 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o13199.html
Cite as: [1999] UKIntelP o13199
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RUBY BRAND R (Trade Mark: Invalidity) [1999] UKIntelP o13199 (14 May 1999)
For the whole decision click here: o13199
Trade mark decision
- BL Number
- O/131/99
- Decision date
- 14 May 1999
- Hearing officer
- Mr M Reynolds
- Mark
- RUBY BRAND R
- Classes
- 30
- Registered Proprietor
- Tradelink (London) Ltd
- Applicants for Declaration of Invalidity
- East End Foods Plc
- Application for Invalidity
- Section 47(2)(a)
Result
Section 47(2)(a) Application failed
Section 47(2)(a) Application failed
Points Of Interest
- Comparison of goods in Classes 29 and 30.
Summary
Under Section 47(1) the applicants had contended that the mark had been registered in breach of both Section 3(3)(b) and Section 3(6). These grounds were not pursued and failed accordingly. Under Section 47(2)(a), the applicants contended that the mark had been registered in breach of Section 5(2), having regard to their own registration of RUBY, in Class 29. In the terms of the established tests and guidance, on detailed comparison of the respective goods, the Hearing Officer found that the mark had not been registered in breach of Section 5(2).