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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> HAJI JAAN MOHD. SONS OF NAIROBI PNJAB TEXTILES LIMITED (Trade Mark: Opposition) [2001] UKIntelP o18301 (18 April 2001) URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o18301.html Cite as: [2001] UKIntelP o18301 |
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For the whole decision click here: o18301
Result
Section 3(1)(b) - Opposition dismissed.
Section 3(6) - Opposition dismissed.
Section 5(4): - No formal finding.
Points Of Interest
Summary
The device element of the mark (that of an ‘elegant lady’) was an important factor in this case. The Hearing Officer dismissed the Section 3(1)(b) objection at the outset, there being no evidence in support of it. Under Section 3(6) the Hearing Officer found that the opponents account of the history of the creation of the logo showed that they had intellectual property rights in it, and this had not been rebutted by the applicant. The opposition under Section 3(6) succeeded, therefore. Under Section 5(4) the Hearing Officer made no formal finding but remarked in passing that the opponent appeared to have a sufficient case under this section also.
