BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> DAPA (Trade Mark: Opposition) [2001] UKIntelP o38101 (4 September 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o38101.html
Cite as: [2001] UKIntelP o38101

[New search] [Printable PDF version] [Help]

DAPA (Trade Mark: Opposition) [2001] UKIntelP o38101 (4 September 2001)

For the whole decision click here: o38101

Trade mark decision

BL Number
O/381/01
Decision date
4 September 2001
Hearing officer
Mr G Salthouse
Mark
DAPA
Classes
18, 25
Applicant
Danella Fashion Limited
Opponent
Zapa Fashion Group GmbH
Opposition
Sections 3(1); 3(3); 3(4); 3(6); 5(2)(b); 5(3) & 5(4)(a)

Result

Section 3 - Opposition failed on all grounds.

Section 5: - Opposition failed on all grounds.

Points Of Interest

Summary

The opposition was based on the opponents’ mark ZAPA. The Hearing Officer dismissed the grounds under Sections 3(3) and 3(6) since only evidence of relative factors had been filed, and none bearing on bad faith. The Hearing Officer went on to find that DAPA was not so descriptive that the public could not be brought to recognise it as a trade mark, nor was it a term customary in the current language of the trade. The opposition under Sections 3(1) and 3(3) failed accordingly. Under Section 5(2)(b) the Hearing Officer found that all factors considered, there was no realistic likelihood of confusion. This effectively decided the matter under Sections 5(3) and 5(4) also.


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o38101.html