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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> WAYFARER LODGE (Trade Mark: Opposition) [2001] UKIntelP o08901 (22 February 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o08901.html
Cite as: [2001] UKIntelP o8901, [2001] UKIntelP o08901
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WAYFARER LODGE (Trade Mark: Opposition) [2001] UKIntelP o08901 (22 February 2001)
For the whole decision click here: o08901
Trade mark decision
- BL Number
- O/089/01
- Decision date
- 22 February 2001
- Hearing officer
- Mr A James
- Mark
- WAYFARER LODGE
- Classes
- 42
- Applicant
- Ind Coope (Oxford & West) Limited
- Opponent
- Wayfarer Inns Limited & Mrs Judy Fry
- Opposition
- Sections 3(6), 5(1), 5(2), 5(3), 5(4)(a), & 6(1)(c)
Result
Section 3 - All grounds dismissed
Section 5(1), 5(2) & 5(3) - All grounds dismissed
Section 6(1)(c) - Opposition dismissed
Section 5(4)(a) - Opposition successful
Points Of Interest
- 1. A detailed analysis leading to a successful opposition under Section 5(4)(a)
Summary
The opponents based their opposition on their marks WAYFARER and WAYFARER INNS, for which application for registration had been made. They also raised further objections under Section 3 which the Hearing Officer dismissed as misconceived. No case was made under Section 3(6) and this ground too was dismissed. The Section 6(1)(c) objection was also dismissed as the opponents did not qualify as nationals of a ‘Convention country’ and also their mark was not an ‘earlier trade mark’ within the meaning of the Act. This disposed of all Section 5 grounds other than Section 5(4)(a). Under Section 5(4)(a) the Hearing Officer concluded that the opponents should succeed in their opposition.