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United Kingdom Intellectual Property Office Decisions
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GREASEMANIA (stylised) (Trade Mark: Invalidity) [2007] UKIntelP o24007 (21 August 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o24007.html
Cite as:
[2007] UKIntelP o24007
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GREASEMANIA (stylised) (Trade Mark: Invalidity) [2007] UKIntelP o24007 (21 August 2007)
For the whole decision click here: o24007
Trade mark decision
- BL Number
- O/240/07
- Decision date
- 21 August 2007
- Hearing officer
- Mr M Foley
- Mark
- GREASEMANIA (stylised)
- Classes
- 41
- Applicant for Invalidity
- Terence Revill & Deborah Ann Revill
- Registered Proprietor
- Handshake Limited
- Invalidity
- Section 47(2)(b) based on Sections 5(4)(a) & 3(6)
Result
Section 5(4)(a): Opposition successful. Section 3(6): Opposition failed.
Points Of Interest
Summary
Both parties filed evidence in the proceedings and the applicant’s evidence of use of an identical or very similar mark to that of the registered proprietor pre-dated the date of application of the mark in suit. The Hearing Officer concluded that by the relevant date the applicants had a reputation and goodwill in their mark and that the opposition succeeded on the Section 5(4)(a) ground.
As regards the ground under Section 3(6) the Hearing Officer noted that the applicants user was not extensive and it was not clear that the registered proprietor would have been aware of such use when it adopted and applied for the mark in suit. Opposition failed on this ground.