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United Kingdom Intellectual Property Office Decisions
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Londonhelp4u (Trade Mark: Opposition) [2008] UKIntelP o24708 (27 August 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o24708.html
Cite as:
[2008] UKIntelP o24708
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Londonhelp4u (Trade Mark: Opposition) [2008] UKIntelP o24708 (27 August 2008)
For the whole decision click here: o24708
Trade mark decision
- BL Number
- O/247/08
- Decision date
- 27 August 2008
- Hearing officer
- Mr M Bryant
- Mark
- Londonhelp4u
- Classes
- 35, 41
- Applicants
- UKhelp4u Limited
- Opponent
- Francine Mendonca da Silva
- Opposition
- Sections 3(6) & 5(4)(a)
Result
Section 3(6): Opposition successful. Section 5(4)(a): Opposition successful.
Points Of Interest
Summary
The opposition was based on use of the mark LONDONHEPH4U & device, and on an allegation of bad faith.
Having reviewed the evidence the Hearing Officer found that the opponent had a goodwill associated with the sign and misrepresentation would occur if the applied for mark were used. The objection under Section 5(4)(a) succeeded accordingly. In view of the applicant’s knowledge of the opponent’s use at the date of application the objection under Section 3(6) also succeeded.