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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> triyoga (Trade Mark: Inter Partes) [2004] UKIntelP o26704 (1 September 2004)
URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o26704.html
Cite as: [2004] UKIntelP o26704
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triyoga (Trade Mark: Inter Partes) [2004] UKIntelP o26704 (1 September 2004)
For the whole decision click here: o26704
Trade mark decision
- BL Number
- O/267/04
- Decision date
- 1 September 2004
- Hearing officer
- Mr M Foley
- Mark
- triyoga
- Classes
- 25, 28, 41
- Applicant
- Triyoga (UK) Limited
- Opponent
- Kali Ray
- Opposition
- Sections 3(6) & 5(4)(a)
Result
Section 3(6): - Opposition failed. Section 5(4)(a): - Opposition failed.
Section 5(4)(a): - Opposition failed.
Points Of Interest
- 1. Evidence of use of trade mark; magazine use; internet use.
Summary
The Hearing Officer dealt first with the objection under Section 5(4)(a). The opponent claimed to have founded a new system of yoga, developed a certification handbook and to operate five TRI YOGA training centres in the US. There was insufficient evidence however to support a goodwill and reputation in the UK at the relevant date. The burden of proof lay on the claimant and it had not been discharged. The objection under Section 5(4)(a) was dismissed. Neither did the evidence support the case under Section 3(6), which was also dismissed.