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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> DEMON ALE (Trade Mark: Opposition) [1999] UKIntelP o07299 (5 March 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o07299.html
Cite as: [1999] UKIntelP o7299, [1999] UKIntelP o07299

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DEMON ALE (Trade Mark: Opposition) [1999] UKIntelP o07299 (5 March 1999)

For the whole decision click here: o07299

Trade mark decision

BL Number
O/072/99
Decision date
5 March 1999
Hearing officer
Mr D Morgan
Mark
DEMON ALE
Classes
32
Applicant
Jack Moore
Opponent
Les Brasseurs de Gayant
Opposition
Sections 3(6); 5(1) & 5(2)

Result

Section 5 - Opposition failed

Section 5 - Opposition failed

Section 3(6) - Opposition successful

Section 3(6) - Opposition successful

Points Of Interest

Summary

The opponents based their opposition on their, at that time unregistered, mark BIERE DU DEMON, and on their allegation (supported by evidence in the form of correspondence) that the applicant had no intention of using the mark. The Hearing Officer found that there was no 'earlier trade mark' and the Section 5 objection failed accordingly. Under Section 3(6), however, the Hearing Officer noted that the applicant had provided no evidence in rebuttal of the evidence provided by the opponents; accordingly he found the allegation proved.



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URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o07299.html