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United Kingdom Intellectual Property Office Decisions
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PRIMEDIA (Trade Mark: Opposition) [2001] UKIntelP o25301 (8 June 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o25301.html
Cite as:
[2001] UKIntelP o25301
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PRIMEDIA (Trade Mark: Opposition) [2001] UKIntelP o25301 (8 June 2001)
For the whole decision click here: o25301
Trade mark decision
- BL Number
- O/253/01
- Decision date
- 8 June 2001
- Hearing officer
- Mr G Salthouse
- Mark
- PRIMEDIA
- Classes
- 16, 38, 41
- Applicant
- Primedia Limited
- Opponent
- Mr Harvey Toor
- Opposition
- Section 5(4)(a)
Result
Section 5(4)(a) - Opposition partially successful
Points Of Interest
-
1. Section 5(4)(a) prevents registration of marks which at the relevant date would be contrary to the law of passing off; it does not extend to any "natural extensions" of the opponents business.
Summary
The opposition was based on the opponent’s prior use of his mark PRIMEDIA in relation to the supply and rental of multimedia goods and services. The Hearing Officer found the opponent’s case proved in respect of identical goods and services in the applicants’ specification, and he ordered the amendment of their specifications accordingly. He did not, however, accept that the refusal should extend to any ‘natural extension’ of the opponent’s business.