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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> INDIGO MUSIC (Trade Mark: Opposition) [2007] UKIntelP o31207 (26 October 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o31207.html
Cite as: [2007] UKIntelP o31207
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INDIGO MUSIC (Trade Mark: Opposition) [2007] UKIntelP o31207 (26 October 2007)
For the whole decision click here: o31207
Trade mark decision
- BL Number
- O/312/07
- Decision date
- 26 October 2007
- Hearing officer
- Mr G Salthouse
- Mark
- INDIGO MUSIC
- Classes
- 41
- Applicants
- Indigo Music
- Opponents
- Bruce Lister Welch
- Opposition
- Section 5(4)(a)
Result
Section 5(4)(a): Opposition failed.
Points Of Interest
- None
Summary
The opponent claimed to have used the name Indigo Music (in stylised form) for the last twenty years; that he is registered with the Performing Rights Society and that he has published and sold music regularly since 1983. However, the opponent’s evidence in support of these claims was poorly focused and lacked details such as turnover, relevant dates and supporting documentation. Consequently the Hearing Officer concluded that the opponent had not shown that he had a reputation and goodwill in the mark INDIGO MUSIC at the relevant date and therefore the opposition must fail under Section 5(4)(a).