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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> RUBICON (Trade Mark: Opposition) [2008] UKIntelP o16708 (16 June 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o16708.html
Cite as: [2008] UKIntelP o16708
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RUBICON (Trade Mark: Opposition) [2008] UKIntelP o16708 (16 June 2008)
For the whole decision click here: o16708
Trade mark decision
- BL Number
- O/167/08
- Decision date
- 16 June 2008
- Hearing officer
- Mr M Bryant
- Mark
- RUBICON
- Classes
- 09, 16, 18, 20, 24, 25, 28, 31, 35, 36, 39
- Applicants
- Rubicon Retail Holdings Limited
- Opponents
- Rubicon Corporation Limited
- Opposition
- Section 5(4)(a)
Result
Section 5(4)(a): Opposition failed.
Points Of Interest
- Evidence of ‘gearing up’ to begin trading did not establish goodwill or reputation at the material date.
Summary
The opponents claimed to have used the mark RUBICON in respect of insurance services. (The applicants indicated that they had removed ‘insurance services’ from their Class 36 specification, in the course of the proceedings. However, it was unclear from their notice of opposition just what goods and or services the opponents were objecting to).
Having reviewed the evidence of use the Hearing Officer concluded that it was insufficient to support a claim to goodwill or reputation at the material date. The opposition failed accordingly.