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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> GECKO'S (stylised) device of a lizard (Trade Mark: Opposition) [2007] UKIntelP o18907 (5 July 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o18907.html
Cite as: [2007] UKIntelP o18907
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GECKO'S (stylised) device of a lizard (Trade Mark: Opposition) [2007] UKIntelP o18907 (5 July 2007)
For the whole decision click here: o18907
Trade mark decision
- BL Number
- O/189/07
- Decision date
- 5 July 2007
- Hearing officer
- Mr M Foley
- Mark
- GECKO'S (stylised) &device of a lizard
- Classes
- 39
- Applicants
- Peregrine Adventures Pty Limited
- Opponents
- Hidden Adventure Tours Limited t/a Gecko Travel
- Opposition
- Section 5(4)(a)
Result
Section 5(4)(a): Opposition failed.
Points Of Interest
- Evidence relating to attempts at a settlement: without prejudice.
Summary
Prior to consideration of the substantive matter the Hearing Officer ruled on two preliminary issues; the first being the admission of the opponents’ late filed evidence of turnover and a further Witness Statement from the applicants. Also, the Hearing Officer ruled that the evidence referring to settlement negotiations was ‘without prejudice’ and would be disregarded.
Having reviewed the evidence filed in support in the Section 5(4)(a) case the Hearing Officer concluded that the opponents had failed to discharge the onus upon them; they had failed to establish clearly that they had a goodwill predating the applicants’ use.
The opposition under section 5(4)(a)failed accordingly.