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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MNA Badge Device (Trade Mark: Opposition) [2007] UKIntelP o15907 (7 June 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o15907.html
Cite as: [2007] UKIntelP o15907
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MNA Badge Device (Trade Mark: Opposition) [2007] UKIntelP o15907 (7 June 2007)
For the whole decision click here: o15907
Trade mark decision
- BL Number
- O/159/07
- Decision date
- 7 June 2007
- Hearing officer
- Mr M Reynolds
- Mark
- MNA & Badge Device
- Classes
- 35, 41
- Applicants
- Merchant Navy Association
- Opponents
- The Merchant Navy Association
- Opposition
- Sections 3(6) & 5(4)(a)
Result
Section 3(6): Opposition successful. Section 5(4)(a): Opposition failed.
Points Of Interest
- Bad faith: application by ‘local’ brand of a ‘national’ association.
Summary
The opposition was based on the opponents’ prior (and national use) of an MN & badge device and on the circumstance in which the applicant, (a breakaway brand of the national association) had applied for registration of their MNA mark and their intentions regarding the use thereof.
After a detailed examination of the evidence the Hearing Officer concluded that the applicants’ behaviour had fallen short of the standards of commercial behaviour that should have been observed. The opposition under Section 3(6) succeeded accordingly.
The evidence, however, was insufficient for success in a case under Section 5(4)(a).