BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £5, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
United Kingdom Intellectual Property Office Decisions |
||
|
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> DELTA (Trade Mark: Opposition) [2005] UKIntelP o24205 (1 September 2005) URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o24205.html Cite as: [2005] UKIntelP o24205 |
||
[New search] [Printable PDF version] [Help]
For the whole decision click here: o24205
Result
Section 5(4)(a): - Opposition failed.
Points Of Interest
Summary
The mark in suit was applied for on 13 June 2002. In these proceedings the opponent claimed to have used the mark DELTA in relation to shower cubicles from March 1999 onwards and filed evidence showing considerable use in the period March 1999 to 2002 and beyond.
The applicant also claimed use of its mark from 1996 and filed evidence to support this claim. The applicant's evidence was not quite so well documented or extensive as that of the opponent but there was sufficient evidence to convince the Hearing Officer that there had been limited use of the mark DELTA by the applicant in respect of shower cubicles from at least 1997 onwards. Thus it was the senior user, albeit on a lesser scale as compared to the use of the opponent.
The Hearing Officer considered the matter under Section 5(4)(a) and concluded that as the applicant was the senior user the opposition by the opponent must fail.
