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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TROPIWAY (Trade Mark: Opposition) [2007] UKIntelP o35507 (6 December 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o35507.html
Cite as: [2007] UKIntelP o35507
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TROPIWAY (Trade Mark: Opposition) [2007] UKIntelP o35507 (6 December 2007)
For the whole decision click here: o35507
Trade mark decision
- BL Number
- O/355/07
- Decision date
- 6 December 2007
- Hearing officer
- Mr M Reynolds
- Mark
- TROPIWAY
- Classes
- 30
- Applicants
- Flying Trade Ltd
- Opponents
- Wanis Limited
- Opposition
- Sections 3(6) & 5(4)(a)
Result
Section 3(6): Opposition successful. Section 5(4)(a): Opposition successful.
Points Of Interest
- Bad faith; applicants’ state of knowledge at time of application.
Summary
The opponent claimed to have devised the mark when acting as a distributor of African food products in the UK. The applicants, it was alleged, was a sub-distributor in the same market. Their attempt now to register the mark in their name was in bad faith and would result in passing-off.
Having reviewed the history disclosed by the evidence the Hearing Officer found for the opponents under both grounds of opposition.