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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> PARTY LAND (Trade Mark: Opposition) [2000] UKIntelP o39400 (25 October 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o39400.html
Cite as: [2000] UKIntelP o39400
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PARTY LAND (Trade Mark: Opposition) [2000] UKIntelP o39400 (25 October 2000)
For the whole decision click here: o39400
Trade mark decision
- BL Number
- O/394/00
- Decision date
- 25 October 2000
- Hearing officer
- Mr M Foley
- Mark
- PARTY LAND
- Classes
- 16, 28, 41
- Applicants
- Paul Shepherd
- Opponents
- Partyland Inc
- Opposition
- Sections 3(3)(b); 3(6); 5(1); 5(2); 5(3); 5(4) & 56
Result
Section 5(1) - Opposition successful
Section 5(2)(a) - Opposition successful
Points Of Interest
- Reversal of earlier decisions by the same Hearing Officer in the light of later events - see BL O/096/00 and BL O/263/00.
Summary
This was the last of three decisions relating to the same proceedings. By his first decision (BL O/096/00) the Hearing Officer had found the opposition successful under Sections 5(1) and 5(2)(a). He later reversed that decision (see BL O/263/00) because he was informed that the CTM application on which it was based had been withdrawn. Now, in this decision he reversed his decision of BL O/263/00, because he had been further informed that the CTM application had in fact been converted to a UK application and by the provisions of Article 108 of Council Regulation 40/94 retained its CTM seniority.