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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> PROFINISH DEVICE (Trade Mark: Opposition) [1999] UKIntelP o04399 (5 February 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o04399.html
Cite as: [1999] UKIntelP o04399, [1999] UKIntelP o4399

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PROFINISH DEVICE (Trade Mark: Opposition) [1999] UKIntelP o04399 (5 February 1999)

For the whole decision click here: o04399

Trade mark decision

BL Number
O/043/99
Decision date
5 February 1999
Hearing officer
Mr G Salthouse
Mark
PROFINISH & DEVICE
Classes
16, 25
Applicants
William Andrew Findlay
Opponents
Granville Oil & Chemicals Ltd
Opposition
Sections 3(6) & 5(4)(a)

Result

Section 3(6): - Opposition successful.

Section 3(6): - Opposition successful.

Section 5(4)(a): - Opposition successful.

Section 5(4)(a): - Opposition successful.

Points Of Interest

Summary

It was established in the evidence that at the date of application the applicant was an employee of the opponent company, who were using the mark. Consequently the Hearing Officer found that the attack under Section 3(6) succeeded. Likewise, he concluded that the applicants former position as sales manager of the opponents would deceive the public and the attack under Section 5(4)(a) succeeded also.



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URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o04399.html