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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> PINMORE (Trade Mark: Opposition) [2001] UKIntelP o30301 (5 June 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o30301.html
Cite as: [2001] UKIntelP o30301
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PINMORE (Trade Mark: Opposition) [2001] UKIntelP o30301 (5 June 2001)
For the whole decision click here: o30301
Trade mark decision
- BL Number
- O/303/01
- Decision date
- 5 June 2001
- Hearing officer
- Mr Geoffrey Hobbs QC
- Mark
- PINMORE
- Classes
- 07, 35
- Applicant
- Hassan Talal Yousef Assali
- Opponent
- Sections 3(6) & 5(4)(a)
- Opposition
Result
Section 3(6): - Opposition successful.
Section 5(4)(a): - Opposition successful.
Points Of Interest
- Appeal from Hearing Officer=s decision dated 1 November 2000 (BL O/406/00)
Summary
In his decision dated 1 November 2000 (and amended on 29 November 2000) the Hearing Officer found in favour of the opponents. The applicant appealed and the Appointed Person again reviewed the papers and considered submissions by the applicant. When the applicant filed his application the Company PINMORE (UK) was still in existence and it owned the rights even though the applicant was a director. It is clear from the authorities that a director of a company simply cannot treat a company's trade mark assets as if they were his own to use and dispose of as he pleases. The Appointed Person upheld the Hearing Officer's decision under both Sections 3(6) and 5(4)(a).