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United Kingdom Intellectual Property Office Decisions
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PACO/PACO RABANNE (Trade Mark: Opposition) [1999] UKIntelP o35899 (13 October 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o35899.html
Cite as:
[1999] UKIntelP o35899
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PACO/PACO RABANNE (Trade Mark: Opposition) [1999] UKIntelP o35899 (13 October 1999)
For the whole decision click here: o35899
Trade mark decision
- BL Number
- O/358/99
- Decision date
- 13 October 1999
- Hearing officer
- Mr A James
- Mark
- PACO/PACO RABANNE
- Classes
- 25
- Applicants
- Paco Rabanne Parfums
- Opponents
- Paco Holdings Ltd
- Opposition
- Section 3(3)(b) and 3(6) Section 5(2)(b) and 5(3)
Result
Section 3(6) - Opposition failed.
Points Of Interest
-
1. See also SRIS 0/359/99 PACO / PACO LIFE IN COLOUR
Summary
At the Hearing all grounds of opposition other than Section 3(6) were withdrawn at the outset. However, the opponents sought to introduce a new ground under the Paris Convention (Section 56(1)). The Hearing Officer considered the matter in some detail but refused the request.
Under Section 3(6) it was claimed by the opponents that this application had been filed with the PACO element much enlarged in order to impede or stop the opponents registration of their marks incorporating the element PACO in which they claimed a reputation. In the event the Hearing Officer concluded that the opponents had not made their case under Section 3(6) and thus failed with their opposition.