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United Kingdom Intellectual Property Office Decisions
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BIOLIME (Trade Mark: Opposition) [2002] UKIntelP o19502 (8 May 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o19502.html
Cite as:
[2002] UKIntelP o19502
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BIOLIME (Trade Mark: Opposition) [2002] UKIntelP o19502 (8 May 2002)
For the whole decision click here: o19502
Trade mark decision
- BL Number
- O/195/02
- Decision date
- 8 May 2002
- Hearing officer
- Mr M Reynolds
- Mark
- BIOLIME
- Classes
- 01
- Applicant
- Singleton Birch Limited
- Opponent
- Snowie Holdings Limited
- Consolidated Oppositions
- Sections 3(6) & 5(4)(a)
Result
Section 3(6): - Opposition failed.
Section 5(4)(a): - Opposition failed.
Points Of Interest
Summary
The opponents alleged a breach of a business arrangement (Section 3(6)) and reputation in and use of the mark BIO-LIME. (Section 5(4)(a)). In the Hearing Officer’s opinion neither of the opposed accounts of events, though representing the honestly held beliefs of the individuals concerned, could be supported on the strength of the evidence before him. It was up to the party alleging bad faith to persuade the tribunal, and this they had not done. The opposition under Section 3(6) objection failed, therefore. Under Section 5(4)(a) the Hearing Officer again found that the available evidence fell some way short of establishing a case under passing-off.