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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> RUBY BRAND R (Trade Mark: Invalidity) [1999] UKIntelP o13199 (14 May 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o13199.html
Cite as: [1999] UKIntelP o13199

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RUBY BRAND R (Trade Mark: Invalidity) [1999] UKIntelP o13199 (14 May 1999)

For the whole decision click here: o13199

Trade mark decision

BL Number
O/131/99
Decision date
14 May 1999
Hearing officer
Mr M Reynolds
Mark
RUBY BRAND R
Classes
30
Registered Proprietor
Tradelink (London) Ltd
Applicants for Declaration of Invalidity
East End Foods Plc
Application for Invalidity
Section 47(2)(a)

Result

Section 47(2)(a) Application failed

Section 47(2)(a) Application failed

Points Of Interest

Summary

Under Section 47(1) the applicants had contended that the mark had been registered in breach of both Section 3(3)(b) and Section 3(6). These grounds were not pursued and failed accordingly. Under Section 47(2)(a), the applicants contended that the mark had been registered in breach of Section 5(2), having regard to their own registration of RUBY, in Class 29. In the terms of the established tests and guidance, on detailed comparison of the respective goods, the Hearing Officer found that the mark had not been registered in breach of Section 5(2).


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URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o13199.html