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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> IMPOTA/IMPOTA PLUS (Trade Mark: Opposition) [1999] UKIntelP o34599 (8 October 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o34599.html
Cite as: [1999] UKIntelP o34599

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IMPOTA/IMPOTA PLUS (Trade Mark: Opposition) [1999] UKIntelP o34599 (8 October 1999)

For the whole decision click here: o34599

Trade mark decision

BL Number
O/345/99
Decision date
8 October 1999
Hearing officer
Mr M Foley
Mark
IMPOTA/IMPOTA PLUS
Classes
05
Applicants
Menbruck Investment Company Ltd
Opponents
City Trading Ltd
Opposition
Sections 3(6) and 3(3)(a) Section 5(4)(a)

Result

Sections 3(3)(a) - Not pursued.

Section 3(6) - Opposition failed.

Section 5(4)(a) - In light of decision under Section 3(6) opposition on this ground failed.

Points Of Interest

Summary

Essential ground of opposition under Section 3(6). Both sides filed evidence but it was only of limited assistance in that it raised as many questions as it answered. Objection under Section 3(6) is a serious matter and places an onus of proof on the party making the allegation. In this case the Hearing Officer concluded that the opponents had not established a case of bad faith and therefore the opposition failed on this ground.



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URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o34599.html