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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> BE NATURAL (Trade Mark: Opposition) [1999] UKIntelP o10699 (8 April 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o10699.html
Cite as: [1999] UKIntelP o10699

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BE NATURAL (Trade Mark: Opposition) [1999] UKIntelP o10699 (8 April 1999)

For the whole decision click here: o10699

Trade mark decision

BL Number
O/106/99
Decision date
8 April 1999
Hearing officer
Mr G Salthouse
Mark
BE NATURAL
Classes
30
Applicant
Multiple Marketing Limited
Opponent
Surene Pty Limited
Opposition
Sections:- 3(6) & 5(4)(a)

Result

Section 3(6) - Opposition successful

Section 3(6) - Opposition successful

Section 5(4)(a) - No finding

Section 5(4)(a) - No finding

Points Of Interest

Summary

It appeared from the evidence that the applicants had acted as distributors of the opponents’ products in the UK, using the opponents’ pre-existing mark BE NATURAL, registered in Australia. In view of this strong prima facie case of bad faith, which had not elicited a response from the applicants the Hearing Officer found the opponents successful under Section 3(6). He made no finding under Section 5(4)(a).



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URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o10699.html