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United Kingdom Intellectual Property Office Decisions
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THE EDGE (Trade Mark: Opposition) [2001] UKIntelP o21701 (3 May 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o21701.html
Cite as:
[2001] UKIntelP o21701
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THE EDGE (Trade Mark: Opposition) [2001] UKIntelP o21701 (3 May 2001)
For the whole decision click here: o21701
Trade mark decision
- BL Number
- O/217/01
- Decision date
- 3 May 2001
- Hearing officer
- Mr C Bowen
- Mark
- THE EDGE
- Classes
- 42
- Applicant
- Julia Penelope Cranfield
- Opponent
- Mackay Holdings Ltd & The Vortex Entertainment Ltd
- Opposition
- Sections 3(6) & 5(4)(a)
Result
Section 3(6) - Opposition failed
Section 5(4)(a) - Opposition successful
Points Of Interest
Summary
The opposition was founded in the opponents’ use of and reputation in the mark THE EDGE, in connection with inter alia, bar and restaurant services. The opponents’ establishment was in central London; the applicant however had her establishment in Southampton. Nevertheless, both establishments catered for the gay and lesbian community and the Hearing Officer found for the opponents under Section 5(4)(a). He dismissed both prongs of the attack under Section 3(6), however.