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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> COMMSOFT (Trade Mark: Opposition) [2008] UKIntelP o08908 (27 March 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o08908.html
Cite as: [2008] UKIntelP o08908, [2008] UKIntelP o8908
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COMMSOFT (Trade Mark: Opposition) [2008] UKIntelP o08908 (27 March 2008)
For the whole decision click here: o08908
Trade mark decision
- BL Number
- O/089/08
- Decision date
- 27 March 2008
- Hearing officer
- Mr M Reynolds
- Mark
- COMMSOFT
- Classes
- 09, 38, 42
- Applicants
- ISS Ltd
- Opponent
- Lee Bracewell
- Opposition
- Section 5(4)(a)
Result
Section 5(4)(a): Opposition failed.
Points Of Interest
- None
Summary
The opposition, which was directed solely at the Class 9 specification, was based on the opponent’s claim to prior use of the mark. However, the evidence supplied in support of that claim was slender and raised a number of questions in the mind of the Hearing Officer which it was insufficient to answer. The Hearing Officer therefore rejected the claim to an established goodwill and the opposition under Section 5(4)(a) necessarily failed.