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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> IN 2 GARDEN (Trade Mark: Opposition) [2007] UKIntelP o31307 (26 October 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o31307.html
Cite as: [2007] UKIntelP o31307
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IN 2 GARDEN (Trade Mark: Opposition) [2007] UKIntelP o31307 (26 October 2007)
For the whole decision click here: o31307
Trade mark decision
- BL Number
- O/313/07
- Decision date
- 26 October 2007
- Hearing officer
- Mr G Salthouse
- Mark
- IN 2 GARDEN
- Classes
- 09, 11
- Applicants
- In 2 Garden Products Limited
- Opponents
- P.W. Circuits Limited
- Opposition
- Section 3(6) & 5(4)(a)
Result
Section 3(6) : opposition successful
Points Of Interest
- Failure of witness to attend for cross-examination.
Summary
The Managing Directors of the respective companies had been in a business relationship and had planned to set up a joint business using the mark (which the opponent claimed to have devised and used). Both parties had requested cross-examination of the witnesses but in the event the applicant did not attend the hearing and submit to cross-examination. In these circumstances the Hearing Officer accepted the opponent’s account and concluded from it that the applicant had acted in bad faith. The Hearing Officer did not go on to make a finding under Section 5(4)(a).