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United Kingdom Intellectual Property Office Decisions
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DEVICE (Trade Mark: Opposition) [2000] UKIntelP o00800 (18 January 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o00800.html
Cite as:
[2000] UKIntelP o800,
[2000] UKIntelP o00800
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DEVICE (Trade Mark: Opposition) [2000] UKIntelP o00800 (18 January 2000)
For the whole decision click here: o00800
Trade mark decision
- BL Number
- O/008/00
- Decision date
- 18 January 2000
- Hearing officer
- Mr A James
- Mark
- DEVICE
- Classes
- 25
- Applicants
- Le Shark Limited
- Opponents
- Reebok International Limited
- Opposition
- Sections 3(6), 5(2) and 5(4)(a)
Result
Section 3(6) - Dismissed
Section 5(2) - Opposition successful
Section 5(4)(a) - Opposition withdrawn
Points Of Interest
-
Admission of hearsay evidence: Registrar's discretion.
Summary
The opposition was based on the similarity of the mark applied for, to that of the opponents. The ground under Section 5(4) however, was withdrawn at the hearing. At the request of the applicants the Hearing Officer ruled that a part of the opponents' evidence was hearsay and declined to exercise the Registrar's discretion to admit it. Under Section 5(2) the Hearing Officer found that the goods were identical and the marks similar. Under Section 3(6) the opponents had not discharged the onus of proof which was on them; ground dismissed.