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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ROLE CALL (Trade Mark: Opposition) [2002] UKIntelP o36902 (10 September 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o36902.html
Cite as: [2002] UKIntelP o36902
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ROLE CALL (Trade Mark: Opposition) [2002] UKIntelP o36902 (10 September 2002)
For the whole decision click here: o36902
Trade mark decision
- BL Number
- O/369/02
- Decision date
- 10 September 2002
- Hearing officer
- Mr G Salthouse
- Mark
- ROLE CALL
- Classes
- 41
- Applicants
- Role Call Limited
- Opponents
- Deborah Manship t/a Role Call
- Opposition
- Sections 3(6) & 5(4)(a)
Result
Section 3(6) - No formal finding.
Section 5(4)(a) - Opposition successful.
Points Of Interest
- 1. Section 48(1) prevents opposition to use of a later mark but not opposition to registration.
Summary
The opponent claimed prior use of the mark (from October 1990) in respect of identical services.
The Hearing Officer, having reviewed the evidence of use, found the opponent successful under Section 5(4)(a). In doing so he rejected an attempted defence based on the applicant’s own use of the mark, under Section 48(1). The applicant did not have a registered mark and so could not claim relief under that Section, he said, and in any case Section 48(1) does not prevent the owner of an earlier right opposing the registration of a mark.
The Hearing Officer made no finding under Section 3(6).