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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TRANSPAY (Trade Mark: Opposition) [2000] UKIntelP o01500 (31 January 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o01500.html
Cite as: [2000] UKIntelP o01500, [2000] UKIntelP o1500
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TRANSPAY (Trade Mark: Opposition) [2000] UKIntelP o01500 (31 January 2000)
For the whole decision click here: o01500
Trade mark decision
- BL Number
- O/015/00
- Decision date
- 31 January 2000
- Hearing officer
- Mr M Knight
- Mark
- TRANSPAY
- Classes
- 16, 36
- Applicants
- Barclays Bank Plc
- Opponents
- Chequepoint Express Inc
Result
Sections 3(1)(b) & 3(3)(b) - Dismissed
Section 5(2)(b) - Opposition failed
Points Of Interest
- Findings on the effect of events taking place after the notice of opposition - Sections 6, 37 and 40.
Summary
The evidence did not address the issues to be determined under Sections 3(1)(b) and 3(3)(b) and these grounds were dismissed accordingly. The opposition under Section 5(3)(b) was based on two registrations of the mark TRANSCHEQ (in Classes 16 and 36) which were extant at the time opposition was filed but which had since expired and could no longer be restored. The Hearing Officer concluded that these were no longer "earlier trade marks" (Section 6) and the opposition under Section 5 therefore failed. However, the Hearing Officer went on to find that in any case the marks were not confusingly similar within the meaning of Section 5(2) and the opposition therefore failed on that ground also.