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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> WONDERSUN (Trade Mark: Invalidity) [2003] UKIntelP o34903 (14 November 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o34903.html
Cite as: [2003] UKIntelP o34903
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WONDERSUN (Trade Mark: Invalidity) [2003] UKIntelP o34903 (14 November 2003)
For the whole decision click here: o34903
Trade mark decision
- BL Number
- O/349/03
- Decision date
- 14 November 2003
- Hearing officer
- Mr O Morris
- Mark
- WONDERSUN
- Classes
- 25
- Registered Proprietor
- Heilongjiang Sheng
- Applicants for a declaration of Invalidity
- Golden Wonder Limited
- Application for Invalidation
- Section 47(2), (5(2)(b) & 5(4)(a))
Result
Section 5(2)(b): - Application for invalidation partially and provisionally successful.
Section 5(4)(a): - Application dismissed.
Points Of Interest
- 1. Comparison of the marks GOLDEN WONDER v WONDER SUN, and WONDER v WONDER SUN.
Summary
The application was based on a number of earlier marks GOLDEN WONDER, WONDER etc. The registered proprietor did not contest the application; the presumption of validity (Section 72) however could only be overcome if the application had merit.
Under Section 5(2) the Hearing Officer found no likelihood of confusion in the case of the GOLDEN WONDER marks, but provisionally found the applicant successful, in Classes 29 & 30 in the use of the WONDER make, an application not yet registered.
Under Section 5(4)(a) the Hearing Officer found evidence of a goodwill only in respect of the GOLDEN WONDER marks. This part of the application was therefore dismissed.
The application under Section 47(2); citing Section 5(2)(b), was granted, provisionally, dependent on the eventual registration of the applicant’s WONDER mark.