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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.


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