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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 >> IN 2 GARDEN (Trade Mark: Opposition) [2007] UKIntelP o31307 (26 October 2007) URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o31307.html Cite as: [2007] UKIntelP o31307 |
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For the whole decision click here: o31307
Result
Section 3(6) : opposition successful
Points Of Interest
Summary
The Managing Directors of the respective companies had been in a business relationship and had planned to set up a joint business using the mark (which the opponent claimed to have devised and used). Both parties had requested cross-examination of the witnesses but in the event the applicant did not attend the hearing and submit to cross-examination. In these circumstances the Hearing Officer accepted the opponent’s account and concluded from it that the applicant had acted in bad faith. The Hearing Officer did not go on to make a finding under Section 5(4)(a).
