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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MIX FM BLACK MIX (Trade Mark: Opposition) [2000] UKIntelP o04800 (16 February 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o04800.html
Cite as: [2000] UKIntelP o4800, [2000] UKIntelP o04800
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"MIX FM" BLACK MIX (Trade Mark: Opposition) [2000] UKIntelP o04800 (16 February 2000)
For the whole decision click here: o04800
Trade mark decision
- BL Number
- O/048/00
- Decision date
- 16 February 2000
- Hearing officer
- Mr M Reynolds
- Mark
- "MIX FM" BLACK MIX
- Classes
- 38
- Applicants
- Basil Davis
- Opponents
- The British Broadcasting Corporation (BBC)
- Opposition
- Sections 1(1); 3(1)(a); 3(1)(b); 3(3)(b); 3(6); 5(4)(a); 5(4)(b); 60(1) & 60(2)
Result
Section 3(6) - Opposition successful
Section 5(4)(a) - Opposition failed
All other grounds dismissed
Points Of Interest
- 1. Ownership of marks when developed in the course of a joint company/free lance process.
Summary
At the outset, the opponents indicated that they would not pursue the matter under Sections 1(1); 3(1)(a); 3(3)(b); 5(4)(b); 60(1) and 60(2). The Hearing Officer found, additionally, that the 3(1)(b) ground should be dismissed also.
The applicant had participated in the development and naming of a BBC programme, BLACK MIX. The Hearing Officer found that his status and role in this procedure, whether as producer, employee or free lance, did not support his claim to proprietorship of the name of that programme. On this narrow ground the opposition under Section 3(6) succeeded. The allegation (also under Section 3(6)) that he had no bona fide intention to use the mark, was not accepted, however. Under Section 5(4)(a) the opponents "failed to progress their case beyond generalised claims", and this ground failed accordingly.