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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TIGERTAILZ (Trade Mark: Opposition) [2006] UKIntelP o16506 (20 June 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o16506.html
Cite as: [2006] UKIntelP o16506
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TIGERTAILZ (Trade Mark: Opposition) [2006] UKIntelP o16506 (20 June 2006)
For the whole decision click here: o16506
Trade mark decision
- BL Number
- O/165/06
- Decision date
- 20 June 2006
- Hearing officer
- Mr M Reynolds
- Mark
- TIGERTAILZ
- Classes
- 09, 25
- Applicant
- Stephen James Denham
- Opponent
- Justin Smith (aka Pepsi Tate) John Pepper (aka Jay Pepper) & Andrew Jones (aka Kim Hooker)
- Opposition
- Sections 3(6), 5(4)(a) & 5(4)(b)
Result
Section 3(6): Opposition successful. Section 5(4)(a): Opposition successful. Section 5(4)(b): Ground dismissed.
Points Of Interest
- “Partnerships at will”.
Summary
The dispute related to the rights of former/present members of a music group.
As the application was for registration of the word TIGERTAILZ the copyright in the logo version was not a matter before the Registrar and hence the Section 5(4)(b) ground was quickly dismissed.
Despite a fairly lengthy period of inactivity on the part of the group, the Hearing Officer decided that there was a sufficient residue of goodwill in the name and the Section 5(4)(a) objection succeeded accordingly.
The Section 3(6) objection also succeeded.
In accordance with the wishes of the parties (who were not professionally represented), the Hearing Officer made no award as to costs.