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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> THE INN ON THE GREEN (Trade Mark: Opposition) [2000] UKIntelP o39100 (17 October 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o39100.html
Cite as: [2000] UKIntelP o39100
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THE INN ON THE GREEN (Trade Mark: Opposition) [2000] UKIntelP o39100 (17 October 2000)
For the whole decision click here: o39100
Trade mark decision
- BL Number
- O/391/00
- Decision date
- 17 October 2000
- Hearing officer
- Mr M Knight
- Mark
- THE INN ON THE GREEN
- Classes
- 42
- Applicant
- The Inn on the Green Limited
- Opponent
- Hotel on the Green Limited
- Opposition
- Sections 3(1)(a); 3(1)(c); 3(1)(d); 5(2)(b) & 5(4)(a)
Result
Section 3 - Opposition failed.
Section 5(2) - Opposition dismissed.
Section 5(4) - Opposition failed.
Points Of Interest
- Evidence of other ‘Inns on the Green’ was not sufficient to reopen the Examiner’s prima facie view, in this case.
Summary
Under Section 3 the Hearing Officer could not find sufficient material in the evidence to say that the Examiner was wrong in reaching the view that the mark could be accepted prima facie. The marks did not indicate a geographical location nor were they used as a matter of course by establishments providing food and drink and located near greens. No earlier trade mark was produced, therefore opposition under Section 5(2) was dismissed. The case under Section 5(4)(a) was not made out