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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> PARTY LAND (Trade Mark: Opposition) [2000] UKIntelP o39400 (25 October 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o39400.html
Cite as: [2000] UKIntelP o39400

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PARTY LAND (Trade Mark: Opposition) [2000] UKIntelP o39400 (25 October 2000)

For the whole decision click here: o39400

Trade mark decision

BL Number
O/394/00
Decision date
25 October 2000
Hearing officer
Mr M Foley
Mark
PARTY LAND
Classes
16, 28, 41
Applicants
Paul Shepherd
Opponents
Partyland Inc
Opposition
Sections 3(3)(b); 3(6); 5(1); 5(2); 5(3); 5(4) & 56

Result

Section 5(1) - Opposition successful

Section 5(2)(a) - Opposition successful

Points Of Interest

Summary

This was the last of three decisions relating to the same proceedings. By his first decision (BL O/096/00) the Hearing Officer had found the opposition successful under Sections 5(1) and 5(2)(a). He later reversed that decision (see BL O/263/00) because he was informed that the CTM application on which it was based had been withdrawn. Now, in this decision he reversed his decision of BL O/263/00, because he had been further informed that the CTM application had in fact been converted to a UK application and by the provisions of Article 108 of Council Regulation 40/94 retained its CTM seniority.



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URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o39400.html