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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> DEVICE ONLY MARK (Trade Mark: Opposition) [2001] UKIntelP o45901 (18 October 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o45901.html
Cite as: [2001] UKIntelP o45901
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DEVICE ONLY MARK (Trade Mark: Opposition) [2001] UKIntelP o45901 (18 October 2001)
For the whole decision click here: o45901
Trade mark decision
- BL Number
- O/459/01
- Decision date
- 18 October 2001
- Hearing officer
- Mr M Reynolds
- Mark
- DEVICE ONLY MARK
- Classes
- 16, 41
- Applicant
- Sutton Publishing Limited
- Opponents
- Brooks Brothers Inc
- Opposition
- Sections 5(3); 5(4)(a)**This had originally been mistakenly cited as 4(a); the Hearing Officer allowed this to be corrected as a clerical error.
Result
Section 5(3) - Opposition failed
Section 5(4)(a) - Opposition failed
Points Of Interest
- The analysis of the evidence in support of the claimed reputation.
Summary
Dealing with the Section 5(4)(a) objection the Hearing Officer, after a detailed consideration of the evidence, concluded that it was insufficient to establish a goodwill or reputation in the opponents’ mark in the UK. He did not therefore feel it necessary to consider the issues of misrepresentation and damage.
This failure to establish a reputation was also fatal to the opponents’ case under Section 5(3). The opposition therefore failed on both grounds.