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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> SMELLY WORLD (Trade Mark: Opposition) [2005] UKIntelP o13105 (11 May 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o13105.html
Cite as: [2005] UKIntelP o13105
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SMELLY WORLD (Trade Mark: Opposition) [2005] UKIntelP o13105 (11 May 2005)
For the whole decision click here: o13105
Trade mark decision
- BL Number
- O/131/05
- Decision date
- 11 May 2005
- Hearing officer
- Mr M Reynolds
- Mark
- SMELLY WORLD
- Classes
- 28
- Applicant
- Croco Worldwide Sourcing Ltd
- Opponent
- Point 7 Design 2000 Limited
- Opposition
- Sections 3(6) & 5(2)(b)
Result
Section 3(6): - Opposition successful.
Section 5(2)(b): - Opposition successful.
Points Of Interest
- Bad faith
Summary
The opponent was the proprietor of two other registrations, SMELLY MONSTERS and SMELLY ALIENS and claimed to be the owner of the underlying concept and its collective name SMELLY BEASTS. The opponent’s registrations had been assigned to them by a company since liquidated. The applicant company was said to be the successor in business to that company. It was alleged that the attempt by the applicant to register the marks in suit constituted an act of bad faith.
The Hearing Officer noted that most of the underlying facts and circumstances in the case were either undisputed or had not been the subject of countervailing evidence by the applicant.
Having reviewed the matter the Hearing Officer concluded that the applications had indeed been made in bad faith and were contrary to the provisions of Section 3(6).
The Hearing Officer went on to briefly consider the objections under Section 5(2)(b) and in this too he found the opponent successful