Section 5(4)(a): – Opposition failed.
Points Of Interest
The opponent appealed to the Appointed Person. In her decision dated 27 April 2006 (BL O/135/06) the Appointed Person decided that the Hearing Officer had been correct in finding that the applicant was the senior user and dismissed the appeal.
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.
Citations:
[2005] UKIntelP o24205
Links:
Intellectual Property
Updated: 19 October 2022; Ref: scu.456415