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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> WORN FREE (stylised) (Trade Mark: Opposition) [2008] UKIntelP o19508 (7 July 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o19508.html
Cite as: [2008] UKIntelP o19508
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WORN FREE (stylised) (Trade Mark: Opposition) [2008] UKIntelP o19508 (7 July 2008)
For the whole decision click here: o19508
Trade mark decision
- BL Number
- O/195/08
- Decision date
- 7 July 2008
- Hearing officer
- Mr D Landau
- Mark
- WORN FREE (stylised)
- Classes
- 25
- Applicants
- Arbre Group LLC
- Opponents
- Worn By (Original Icon Clothing) LLP
- Opposition
- Sections 3(6) & 5(4)(a)
Result
Section 3(6): Opposition successful. Section 5(4)(a): Opposition successful.
Points Of Interest
- 1. Bad faith; relationship between the parties
- 2. Comparison of the marks; WORN BY v WORN FREE; both stylised
Summary
The Section 5(4)(a) objection was based on the mark WORN BY (stylised) which the opponents claimed to have used in relation to their range of clothing.
From the (somewhat unsatisfactory) evidence and taking into account the similarities and dissimilarities in the respective marks, the nature of the marks, the respective goods and the nature of the relationship between the parties the Hearing Officer concluded that the applicants’ use of the mark would give rise to a misrepresentation.
In the result he found the opponents successful under Section 5(4)(a)
He was also persuaded that given the previous relationship between the parties and the applicants adoption of the flowing script, similar to that in the opponents’ mark, the applications had indeed been made in bad faith. The opposition under Section 3(6) succeeded accordingly.