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United Kingdom Intellectual Property Office Decisions
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AIRMASTER (Trade Mark: Opposition) [2001] UKIntelP o21801 (3 May 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o21801.html
Cite as:
[2001] UKIntelP o21801
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AIRMASTER (Trade Mark: Opposition) [2001] UKIntelP o21801 (3 May 2001)
For the whole decision click here: o21801
Trade mark decision
- BL Number
- O/218/01
- Decision date
- 3 May 2001
- Hearing officer
- Mr C Bowen
- Mark
- AIRMASTER
- Classes
- 11
- Applicant
- Richard Gatley
- Opponent
- R & D Ventilation Systems Ltd
- Opposition
- Sections 3(1)(b) & (c), Section 3(6)
Result
Section 3(1)(b) & (c): - Opposition failed.
Section 3(6) - Opposition succeeded.
Points Of Interest
-
1. Assignment: Even though the liquidator had transferred certain rights to the opponents the Hearing Officer concluded that in the absence of any mention of "goodwill" he was of the view that rights in the mark AIRMASTER and device had not been transferred to the opponents.
-
2. Practice re MASTER marks set down.
Summary
The opponents in these proceedings (but under a different name) had earlier applied for a very similar mark for identical goods and had been refused registration by the Registrar. The Hearing Officer in this case applied the Registrar’s practice in relation to "MASTER" marks to the goods at issue here and concluded that the mark AIRMASTER was not precluded from registration by the terms of Section 3(1)(b) and (c) of the Act. It followed that the mark as a totality was also acceptable.
In the recent past the mark at issue here had been used by a company which had gone into voluntary liquidation and the applicant had applied for registration in his own name shortly afterwards. At the date of application rights in the mark were owned by the company in liquidation and therefore the applicant was not the proprietor when he made his application. Opposition under Section 3(6) succeeded.