IPO Both parties filed evidence in the proceedings and the applicant’s evidence of use of an identical or very similar mark to that of the registered proprietor pre-dated the date of application of the mark in suit. The Hearing Officer concluded that by the relevant date the applicants had a reputation and goodwill in their mark and that the opposition succeeded on the Section 5(4)(a) ground.
As regards the ground under Section 3(6) the Hearing Officer noted that the applicants user was not extensive and it was not clear that the registered proprietor would have been aware of such use when it adopted and applied for the mark in suit. Opposition failed on this ground.
Judges:
Mr M Foley
Citations:
2348098, [2007] UKIntelP o24007
Links:
Jurisdiction:
England and Wales
Intellectual Property
Updated: 20 October 2022; Ref: scu.456755