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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> POINT FOUR (Trade Mark: Opposition) [2001] UKIntelP o35001 (14 August 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o35001.html
Cite as: [2001] UKIntelP o35001
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POINT FOUR (Trade Mark: Opposition) [2001] UKIntelP o35001 (14 August 2001)
For the whole decision click here: o35001
Trade mark decision
- BL Number
- O/350/01
- Decision date
- 14 August 2001
- Hearing officer
- Dr W J Trott
- Mark
- POINT FOUR
- Classes
- 09, 42
- Applicant
- Point 4 Consulting Limited
- Opponent
- Planet Epos Limited
- Opposition
- Section 5(4)(a)
Result
Section 5(4)(a) - Opposition partially successful.
Points Of Interest
- 1. The opponents appealed this decision to the Appointed Person. In her decision of 30 August 2002 (BL O/373/02) the Appointed Person considered the decision to be defective in that the specification had been widened. Case remitted to the Registrar.
Summary
The opponents opposition was based on their use of the marks POINT FOUR and POINT 4 dating back to 1987 in relation to a range of computer software and hardware, mainly for use in relation to retail businesses. The relevant date of these proceedings was 3 July 1997.
At a late stage in the proceedings the applicants had suggested restricting their specifications to avoid the opponents field of activity, but the Hearing Officer did not find such proposals particularly helpful. However, after carefully analysing all the evidence the Hearing Officer was satisfied that the two opposing firms operated in different sections of the computer industry and he allowed the applicants application to proceed for restricted specifications.