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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TAYLOR HARVEY (two applications) (Trade Mark: Opposition) [2008] UKIntelP o26908 (3 October 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o26908.html
Cite as: [2008] UKIntelP o26908
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TAYLOR HARVEY (two applications) (Trade Mark: Opposition) [2008] UKIntelP o26908 (3 October 2008)
For the whole decision click here: o26908
Trade mark decision
- BL Number
- O/269/08
- Decision date
- 3 October 2008
- Hearing officer
- Mr D Landau
- Mark
- TAYLOR HARVEY (two applications)
- Classes
- 35, 36, 37, 42, 45
- Applicants
- Warren Penfold & Nicholas Gill
- Opponent
- Mark Taylor
- Opposition
- Sections 3(6) & 5(4)(a)
Result
Section 3(6): Opposition successful. Section 5(4)(a): Opposition successful.
Points Of Interest
- Partnerships; ownership of marks on dissolution; bad faith.
Summary
This opposition arose from what the Hearing Officer described as “the acrimonious dissolution of a partnership of chartered surveyors”. Matters arising from that dissolution were still in dispute between the parties; the Hearing Officer, however, concluded that even a resolution of that dispute would not necessarily settle the matter before him. He therefore decided to proceed with a decision on the opposition.
After a detailed examination of the evidence he concluded that the applicants “knew that the use of the trade mark was a matter of dispute (and) they accept that (the opponent) has some right to them”. He therefore found that the application had been made in bad faith and should be refused under Section 3(6).
He also found that use of the mark would dilute the goodwill owned by the firm or even destroy it. The opposition therefore succeeded under Section 5(4)(a) also.