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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> RAINFOREST (Trade Mark: Opposition) [2000] UKIntelP o19800 (14 June 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o19800.html
Cite as: [2000] UKIntelP o19800
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RAINFOREST (Trade Mark: Opposition) [2000] UKIntelP o19800 (14 June 2000)
For the whole decision click here: o19800
Trade mark decision
- BL Number
- O/198/00
- Decision date
- 14 June 2000
- Hearing officer
- Mr C Bowen
- Mark
- RAINFOREST
- Classes
- 32, 33
- Applicant
- Patrick L'Estrange Gillon
- Opponent
- Mistic Brands Inc
- Opposition
- Section 3(1)(b)
Result
Section 3(1)(b) - Opposition successful
Points Of Interest
- None.
Summary
The opponents had applied to register their mark MISTIC RAIN FOREST NECTARS in the USA. That Office had refused to accept the mark applied for, without disclaimer of the words RAIN FOREST NECTARS since it was established that in the USA the term RAIN FOREST was in common usage in relation to a variety of goods. The Hearing Officer reviewed the evidence filed by the opponents which included an Internet search conducted by the opponents trade mark Attorneys regarding the use of the word in the UK. From the totality of the evidence filed the Hearing Officer concluded that there has been descriptive use of the words RAIN FOREST to describe goods sourced from a rain forest. As such evidence was not refuted by the applicant the Hearing Officer found the opponents successful in their opposition.