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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 >> SERENITY (Trade Mark: Opposition) [2007] UKIntelP o34707 (23 November 2007) URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o34707.html Cite as: [2007] UKIntelP o34707 |
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For the whole decision click here: o34707
Result
Section 3(6): Opposition failed. Section 5(4)(a): Opposition successful.
Points Of Interest
Summary
The opposition was based on the opponent’s use of the identical mark, SERENITY, on identical goods (gas fires etc). Having reviewed the evidence the Hearing Officer concluded that at the relevant date the opponents had a protectable goodwill in the mark, albeit based on a very short period of prior use. Nevertheless, length of use was not the issue and consequently the opposition under Section 5(4)(a) succeeded. The evidence however did not support a case under Section 3(6).
