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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> RENNIE MACKINTOSH (Trade Mark: Opposition) [2000] UKIntelP o14500 (27 April 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o14500.html
Cite as: [2000] UKIntelP o14500
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RENNIE MACKINTOSH (Trade Mark: Opposition) [2000] UKIntelP o14500 (27 April 2000)
For the whole decision click here: o14500
Trade mark decision
- BL Number
- O/145/00
- Decision date
- 27 April 2000
- Hearing officer
- Mr M Foley
- Mark
- RENNIE MACKINTOSH
- Classes
- 14
- Applicant
- Carrick Jewellery Ltd
- Opponent
- Sea Gems Ltd
- Opposition
- Sections 3(1)(a), (b), (c) & (d); Section 3(3)(b), Section 3(6) and Sections 5(4)(a) & (b)
Result
Section 3(1)(b) & (c) - Opposition successful
Section 3(1)(a) & (d) - Opposition failed
Section 3(3)(b) - Opposition failed
Section 3(6) - Opposition failed
Section 5(4)(a) & (b) - Opposition failed
Points Of Interest
Summary
The opposition succeeded under Sections 3(1)(b) and (c), the Hearing Officer's reasoning following that set forth in respect of another opposition to the same application (SRIS O/143/00), though based on evidence of a different deponent. Opposition failed on all other grounds, again for the reasons as set forth in O/143/00, except that Section 3(6) was only pleaded in this case and the opponent failed to establish that the applicant was knowingly trying to deny others use of a sign which they were legitimately entitled to use.