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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> DELTA (Trade Mark: Opposition) [2006] UKIntelP o13506 (27 April 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o13506.html
Cite as: [2006] UKIntelP o13506
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DELTA (Trade Mark: Opposition) [2006] UKIntelP o13506 (27 April 2006)
For the whole decision click here: o13506
Trade mark decision
- BL Number
- O/135/06
- Decision date
- 27 April 2006
- Hearing officer
- Professor Ruth Annand
- Mark
- DELTA
- Classes
- 11
- Applicant
- Taplanes Limited
- Opponent
- Sanioflo Limited
- Opposition
- Section 5(4)(a)
Result
Section 5(4)(a): Appeal dismissed.
Points Of Interest
- See Hearing Officer’s decision dated 1 September 2005 (BL O/242/05).
Summary
In his decision dated 1 September 2005 the Hearing Officer accepted that both the applicant and the opponent had used the mark in suit. He found that while the opponent was the more substantial user the applicant was the senior user and therefore that the opposition must fail.
On appeal the opponent submitted that the Hearing Officer had been incorrect in finding that the applicant had established even a local goodwill and secondly, even it if had, that goodwill was localised and did not justify a UK wide registration.
The Appointed Person examined the evidence carefully and considered submissions made by Counsel. She decided that the applicant had established more than a local goodwill and the Hearing Officer had been correct in so finding. The applicant was the senior user and therefore the appeal must be dismissed.