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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> INDEPENDENCE (Trade Mark: Opposition) [1999] UKIntelP o23799 (20 July 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o23799.html
Cite as: [1999] UKIntelP o23799
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INDEPENDENCE (Trade Mark: Opposition) [1999] UKIntelP o23799 (20 July 1999)
For the whole decision click here: o23799
Trade mark decision
- BL Number
- O/237/99
- Decision date
- 20 July 1999
- Hearing officer
- Mr M Reynolds
- Mark
- INDEPENDENCE
- Classes
- 20
- Applicant
- AKW Medi-Care Ltd
- Opponent
- Huntleigh Technology Plc
- Opposition
- Section 5(4)(a)
Result
Section 5(4)(a) - Opposition succeeded
Points Of Interest
- None
Summary
Opposition based on opponent’s use of the mark INDEPENDENCE for over 6 years prior to the relevant date in respect of the same goods as covered by the mark in suit (notably kitchen furniture adapted for people with special needs). Applying the usual passing-off tests under Section 5(4)(a) the Hearing Officer had no hesitation in concluding that the opponent had established goodwill in its mark, its evidence in that respect being unchallenged and the applicant’s claim to prior use being unsubstantiated. Moreover, since the marks and goods were the same, the inescapable conclusion that there was likely to be misrepresentation and resultant damage. The opposition therefore succeeded.