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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> N T WORKWEAR (stylised device) (Trade Mark: Opposition) [2007] UKIntelP o08707 (27 March 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o08707.html
Cite as: [2007] UKIntelP o08707, [2007] UKIntelP o8707
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N T WORKWEAR (stylised device) (Trade Mark: Opposition) [2007] UKIntelP o08707 (27 March 2007)
For the whole decision click here: o08707
Trade mark decision
- BL Number
- O/087/07
- Decision date
- 27 March 2007
- Hearing officer
- Mr D Landau
- Mark
- N T WORKWEAR (stylised & device)
- Classes
- 09, 25, 27, 45
- Applicants
- Nisa-Today’s (Holdings) Limited
- Opponents
- The Royal National Theatre
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): Opposition dismissed.
Points Of Interest
- Section 6A; ‘extreme deficiencies’ in the evidence of use.
Summary
The opposition was based on the opponent’s mark NT registered in a number of classes including Class 25. The opposition was directed at “safety clothing” in Class 9 and “clothing, footwear and headgear” in Class 25.
The evidence of use provided by the opponents under Section 6A, in the view of the Hearing Officer, quite failed to establish any genuine use during the relevant period. The opposition under Section 5(2)(b) failed therefore and the Hearing Officer did not go on to make a provisional finding, in view of the ‘extreme deficiencies of the evidence’.
Opposition dismissed.