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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> DEVICE ONLY MARK (Trade Mark: Opposition) [2001] UKIntelP o45901 (18 October 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o45901.html
Cite as: [2001] UKIntelP o45901

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DEVICE ONLY MARK (Trade Mark: Opposition) [2001] UKIntelP o45901 (18 October 2001)

For the whole decision click here: o45901

Trade mark decision

BL Number
O/459/01
Decision date
18 October 2001
Hearing officer
Mr M Reynolds
Mark
DEVICE ONLY MARK
Classes
16, 41
Applicant
Sutton Publishing Limited
Opponents
Brooks Brothers Inc
Opposition
Sections 5(3); 5(4)(a)**This had originally been mistakenly cited as 4(a); the Hearing Officer allowed this to be corrected as a clerical error.

Result

Section 5(3) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

Summary

Dealing with the Section 5(4)(a) objection the Hearing Officer, after a detailed consideration of the evidence, concluded that it was insufficient to establish a goodwill or reputation in the opponents’ mark in the UK. He did not therefore feel it necessary to consider the issues of misrepresentation and damage.

This failure to establish a reputation was also fatal to the opponents’ case under Section 5(3). The opposition therefore failed on both grounds.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o45901.html