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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 >> LOADED (Trade Mark: Opposition) [2002] UKIntelP o19102 (22 April 2002) URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o19102.html Cite as: [2002] UKIntelP o19102 |
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For the whole decision click here: o19102
Result
Section 5(4)(a) - Opposition partially successful before the Hearing Officer. Appeal dismissed on same basis.
Points Of Interest
Summary
In his decision dated 14 August 2001 the Hearing Officer had accepted that the opponents had established a reputation and goodwill in their mark LOADED at the relevant date and consequently that they were successful in their ground of Opposition under Section 5(4)(a) - Passing Off.
On appeal the applicants disputed the finding of reputation and goodwill and submitted that the Hearing Officer was wrong in his assessment of the evidence; that it only extended to vinyl records and that insufficient regard was paid to the applicants use of their mark LOADED. The Appointed Person reviewed the evidence and took account of submissions made by Counsel. She decided that the Hearing Officer had made the correct finding in relation to reputation and goodwill; that while the reputation was primarily in relation to vinyl records it followed that once established it must extend to other formats such as CDs and finally that the applicants evidence was insufficient to confirm any use of their mark before the relevant date. Appeal dismissed.
