British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> IMPOTA/IMPOTA PLUS (Trade Mark: Opposition) [1999] UKIntelP o34599 (8 October 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o34599.html
Cite as: [1999] UKIntelP o34599
[New search] [Printable PDF version] [Help]
IMPOTA/IMPOTA PLUS (Trade Mark: Opposition) [1999] UKIntelP o34599 (8 October 1999)
For the whole decision click here: o34599
Trade mark decision
- BL Number
- O/345/99
- Decision date
- 8 October 1999
- Hearing officer
- Mr M Foley
- Mark
- IMPOTA/IMPOTA PLUS
- Classes
- 05
- Applicants
- Menbruck Investment Company Ltd
- Opponents
- City Trading Ltd
- Opposition
- Sections 3(6) and 3(3)(a) Section 5(4)(a)
Result
Sections 3(3)(a) - Not pursued.
Section 3(6) - Opposition failed.
Section 5(4)(a) - In light of decision under Section 3(6) opposition on this ground failed.
Points Of Interest
- 1. Where the ground of opposition is under Section 3(6), there is an onus on the party making the allegation to substantiate their case.
Summary
Essential ground of opposition under Section 3(6). Both sides filed evidence but it was only of limited assistance in that it raised as many questions as it answered. Objection under Section 3(6) is a serious matter and places an onus of proof on the party making the allegation. In this case the Hearing Officer concluded that the opponents had not established a case of bad faith and therefore the opposition failed on this ground.