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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> GREASEMANIA (stylised) (Trade Mark: Invalidity) [2007] UKIntelP o24007 (21 August 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o24007.html
Cite as: [2007] UKIntelP o24007

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GREASEMANIA (stylised) (Trade Mark: Invalidity) [2007] UKIntelP o24007 (21 August 2007)

For the whole decision click here: o24007

Trade mark decision

BL Number
O/240/07
Decision date
21 August 2007
Hearing officer
Mr M Foley
Mark
GREASEMANIA (stylised)
Classes
41
Applicant for Invalidity
Terence Revill & Deborah Ann Revill
Registered Proprietor
Handshake Limited
Invalidity
Section 47(2)(b) based on Sections 5(4)(a) & 3(6)

Result

Section 5(4)(a): Opposition successful. Section 3(6): Opposition failed.

Points Of Interest

Summary

Both parties filed evidence in the proceedings and the applicant’s evidence of use of an identical or very similar mark to that of the registered proprietor pre-dated the date of application of the mark in suit. The Hearing Officer concluded that by the relevant date the applicants had a reputation and goodwill in their mark and that the opposition succeeded on the Section 5(4)(a) ground.

As regards the ground under Section 3(6) the Hearing Officer noted that the applicants user was not extensive and it was not clear that the registered proprietor would have been aware of such use when it adopted and applied for the mark in suit. Opposition failed on this ground.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o24007.html