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United Kingdom Intellectual Property Office Decisions
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CATAPULT (Trade Mark: Opposition) [2001] UKIntelP o39801 (13 September 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o39801.html
Cite as:
[2001] UKIntelP o39801
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CATAPULT (Trade Mark: Opposition) [2001] UKIntelP o39801 (13 September 2001)
For the whole decision click here: o39801
Trade mark decision
- BL Number
- O/398/01
- Decision date
- 13 September 2001
- Hearing officer
- Mr M Foley
- Mark
- CATAPULT
- Classes
- 35, 42
- Applicant
- Catapult London Limited
- Opponent
- Catapult Public Relations Ltd
- Opposition
- Sections 3(6) & 5(4)(a)
Result
Section 3(6) - Opposition failed.
Section 5(4)(a) - Opposition failed.
Points Of Interest
Summary
The evidence filed by the opponents showed that they did not adopt their mark until November 1997 which was after the date the applicants filed this application (15 October 1997). Thus their ground under Section 5(4)(a) failed.
Under Section 3(6) there were two claims made. One related to ownership of the mark but no evidence was filed which cast doubt on the honesty of the applicants. The second related to the width of the specification claimed but the Hearing Officer, while accepted that it went beyond current trading activities, did not consider it unduly broad.