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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.


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