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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> BOFF (Trade Mark: Opposition) [2001] UKIntelP o25601 (13 June 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o25601.html
Cite as: [2001] UKIntelP o25601
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BOFF (Trade Mark: Opposition) [2001] UKIntelP o25601 (13 June 2001)
For the whole decision click here: o25601
Trade mark decision
- BL Number
- O/256/01
- Decision date
- 13 June 2001
- Hearing officer
- Mr M Reynolds
- Mark
- BOFF
- Classes
- 25
- Applicant
- H Singh Sanger
- Opponent
- OH Trading Co Inc
- Opposition
- Sections 3(6) & 5(4)(a)
Result
Section 3(6): - Opposition failed. Section 5(4)(a): - Opposition failed. Section 5(4)(a): - Opposition failed.
Section 5(4)(a): - Opposition failed.
Points Of Interest
- None
Summary
The opponents claimed use of the mark BOFF in the UK from 1997 but much of their material was undated or after the relevant date of 25 July, 1998. Additionally sales figures of approximately $ 50,000 after September 1997 were not detailed; particularly as to what portion fell before the relevant date. The Hearing Officer found the claim to a goodwill to be unsubstantiated. Opposition under Section 5(4)9a) - Passing Off - therefore failed.
Insofar as the ground under Section 3(6) was concerned the Hearing Officer concluded that there was no evidence to support a claim that the applicant had been aware of the opponents mark when the application was made. Additionally, there was some evidence from the applicant which showed that he had used his mark for some time, and indeed before the opponents claimed first use. Opposition on this ground failed.