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United Kingdom Intellectual Property Office Decisions
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BARMAMBO (Trade Mark: Opposition) [2000] UKIntelP o31400 (23 August 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o31400.html
Cite as:
[2000] UKIntelP o31400
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BARMAMBO (Trade Mark: Opposition) [2000] UKIntelP o31400 (23 August 2000)
For the whole decision click here: o31400
Trade mark decision
- BL Number
- O/314/00
- Decision date
- 23 August 2000
- Hearing officer
- Mr G Salthouse
- Mark
- BARMAMBO
- Classes
- 42
- Applicants
- Michael Harper
- Opponents
- Big Fish Limited
- Opposition
- Sections 3(1)(b), 3(1)(c), 3(1)(d) & 3(6)
Result
Opposition succeeded under Section 3(1)(b) and 3(1)(c).
Opposition under 3(1)(d) failed.
Opposition under 3(6) not proven.
Points Of Interest
-
"That a small number of traders may use the word (MAMBO) as part of a trade mark does not necessarily make the word “customary in trade”, but it can be taken as a pointer towards the aptness of the word for use in connection with ..................".
Summary
Evidence showed that the word MAMBO was descriptive of a certain type of music, and was in use by other traders. The Hearing Officer found that, absent use, registration of the mark was barred by Sections 3(1)(b) and 3(1)(c), but was not barred by Section 3(1)(d). There was no evidence to support the allegation of bad faith under Section 3(6).