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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> DAVID PAGE (Trade Mark: Opposition) [1999] UKIntelP o15699 (4 June 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o15699.html
Cite as: [1999] UKIntelP o15699
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DAVID PAGE (Trade Mark: Opposition) [1999] UKIntelP o15699 (4 June 1999)
For the whole decision click here: o15699
Trade mark decision
- BL Number
- O/156/99
- Decision date
- 4 June 1999
- Hearing officer
- Mrs A Corbett
- Mark
- DAVID PAGE
- Classes
- 25
- Applicant
- David Charles Page
- Opponent
- Palmon (Overseas) Ltd
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b) - Opposition failed
Section 5(2)(b) - Opposition failed
Points Of Interest
- 1. The decision was appealed to the Appointed Person who remitted the matter back to the Registrar for consideration of the Section 3(6) objection (BL O/101/00).
Summary
The opponents based their opposition to these applications on their registration of almost identical marks on the same or similar goods. The Hearing Officer noted that their evidence included an allegation of bad faith (Section 3(6)) but took no account of it since it had not been pleaded. As regards the Section 5(2) objection the Hearing Officer found that the mark relied upon post-dated the applicants in suit, and ruled accordingly that the opposition failed.