Trade mark decision

BL Number

O/072/99

Decision date

5 March 1999

Hearing officer

Mr D Morgan

Mark

DEMON ALE

Classes

32

Applicant

Jack Moore

Opponent

Les Brasseurs de Gayant

Opposition

Sections 3(6); 5(1) & 5(2)

Result

Section 5 - Opposition failed

Section 5 - Opposition failed

Section 3(6) - Opposition successful

Section 3(6) - Opposition successful

Points Of Interest

• 1. Bad faith
• 2. Bona fide intention to use

Summary

The opponents based their opposition on their, at that time unregistered, mark BIERE DU DEMON, and on their allegation (supported by evidence in the form of correspondence) that the applicant had no intention of using the mark. The Hearing Officer found that there was no 'earlier trade mark' and the Section 5 objection failed accordingly. Under Section 3(6), however, the Hearing Officer noted that the applicant had provided no evidence in rebuttal of the evidence provided by the opponents; accordingly he found the allegation proved.

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URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o07299.html