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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> DAVID PAGE (Trade Mark: Opposition) [2000] UKIntelP o34600 (20 September 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o34600.html
Cite as: [2000] UKIntelP o34600
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DAVID PAGE (Trade Mark: Opposition) [2000] UKIntelP o34600 (20 September 2000)
For the whole decision click here: o34600
Trade mark decision
- BL Number
- O/346/00
- Decision date
- 20 September 2000
- Hearing officer
- Mr M Reynolds
- Mark
- DAVID PAGE
- Classes
- 25
- Applicant
- David Charles Page
- Opponent
- Palmon (Overseas) Ltd
- Opposition (Consolidated)
- Section 3(6) & 5(4)(a)
Result
Section 3(6) - Opposition successful
Section 5(4)(a) - Opposition failed
Points Of Interest
- 1. Bad Faith
- 2. Amendment of pleadings
Summary
This consolidated opposition had earlier been the subject of a Registry decision (BL O/156/99) and an appeal to the Appointed Person (BL O/101/00). Following further consideration by the Registrar, the matter was considered anew, on amended grounds. The amendment brought in a specific reference to Section 3(6), and a substitution of Section 5(4)(a), for the earlier ground under Section 5(2). Reviewing the matter the Hearing Officer found the opponents successful under Section 3(6). He doubted the proprietary of allowing a fresh ground Section 5(4)(a) to be introduced but concluded that in any case the opponents would fail under that ground.