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United Kingdom Intellectual Property Office Decisions
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BLUEBIRD ELECTRIC (Trade Mark: Opposition) [2002] UKIntelP o34502 (15 August 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o34502.html
Cite as:
[2002] UKIntelP o34502
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BLUEBIRD ELECTRIC (Trade Mark: Opposition) [2002] UKIntelP o34502 (15 August 2002)
For the whole decision click here: o34502
Trade mark decision
- BL Number
- O/345/02
- Decision date
- 15 August 2002
- Hearing officer
- Mr M Knight
- Mark
- BLUEBIRD ELECTRIC
- Classes
- 12, 16, 25
- Applicant
- Nelson James Kruschandl
- Opponent
- Bluebird Electric Limited
- Opposition
- Sections 3(6) & 5(4)(a)
Result
Section 3(6) - Opposition successful.
Section 5(4)(a) - Opposition failed.
Points Of Interest
-
1. Bad faith : actions falling "well short of the standard expected in commerce".
-
2. Application for registration : an object of property belonging to the opponents.
Summary
The applicant and the opponents had formerly had a business relationship in relation to an electric car (invented, or substantially invented by the applicant) to be used in speed record attempts by the opponents (the Director of which was a member of the Campbell family - of speed record fame).
The Hearing Officer decided, from the wording of a 'licence' agreed between the parties and the subsequent actions of the applicant, that the application had indeed been made in bad faith. This finding under Section 3(6) effectively decided the matter. However, the Hearing Officer went on to consider the objection under Section 5(4)(a). In this he found that the opponents had not clearly established in evidence their claim to reputation and this ground failed.