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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MPS Variable device MPS Inverter device (Trade Mark: Opposition) [2008] UKIntelP o01808 (23 January 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o01808.html
Cite as: [2008] UKIntelP o1808, [2008] UKIntelP o01808
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MPS Variable device MPS Inverter device (Trade Mark: Opposition) [2008] UKIntelP o01808 (23 January 2008)
For the whole decision click here: o01808
Trade mark decision
- BL Number
- O/018/08
- Decision date
- 23 January 2008
- Hearing officer
- Mr M Reynolds
- Mark
- MPS Variable & device MPS Inverter & device
- Classes
- 11
- Applicant
- L G Electronics Inc
- Opponent
- Maplin Electronics PLC
- Opposition
- Section 5(4)(a)
Result
Section 5(4)(a)
Points Of Interest
- Proceedings never formally consolidated but as grounds and evidence identical, the Hearing Officer considered that a single composite decision was sufficient.
Summary
The opponent in these proceedings filed evidence of use of a mark MPS in relation to a range of goods in Class 9. This use commenced in 1985 in association with a trading division of the opponent called MAPLIN PROFESSIONAL SUPPLIES. However, such use appears to have ceased about 1996 even though use of the mark MAPLIN continued with impressive turnover figures in the £5m range through to 2004, the date of filing of the application in suit.
As the opponent appeared to have no recent use of its mark MPS the Hearing Officer was unable to conclude that the opponent had a reputation and goodwill in its mark at the relevant date and therefore the ground under Section 5(4)(a) must fail. In passing the Hearing Officer noted that he had not been asked to consider the matter of residual goodwill.