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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> PURE MASSAGE (Trade Mark: Opposition) [2007] UKIntelP o10907 (20 April 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o10907.html
Cite as: [2007] UKIntelP o10907
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PURE MASSAGE (Trade Mark: Opposition) [2007] UKIntelP o10907 (20 April 2007)
For the whole decision click here: o10907
Trade mark decision
- BL Number
- O/109/07
- Decision date
- 20 April 2007
- Hearing officer
- Mrs A Corbett
- Mark
- PURE MASSAGE
- Classes
- 44
- Applicant
- Jean-Marc Delacount
- Opponent
- The Nail & Beauty Zone Ltd
- Opposition
- Section 5(4)(a)
Result
Section 5(4)(a): Opposition successful.
Points Of Interest
- None
Summary
The opposition was based on the opponent’s use of the mark PURE (the mark is here represented as if the last letters was an E, whereas it actually consists of three horizontal lines with no vertical line). Having reviewed the evidence of use the Hearing Officer concluded that the opponent had shown use and did have a goodwill in relation to the services under the mark. The applicant had shown no use of the mark applied for.
Consequently, the opposition under Section 5(4)(a) succeeded.