Trade mark decision

BL Number

O/156/99

Decision date

4 June 1999

Hearing officer

Mrs A Corbett

Mark

DAVID PAGE

Classes

25

Applicant

David Charles Page

Opponent

Palmon (Overseas) Ltd

Opposition

Section 5(2)(b)

Result

Section 5(2)(b) - Opposition failed

Section 5(2)(b) - Opposition failed

Points Of Interest

• 1. The decision was appealed to the Appointed Person who remitted the matter back to the Registrar for consideration of the Section 3(6) objection (BL O/101/00).

Summary

The opponents based their opposition to these applications on their registration of almost identical marks on the same or similar goods. The Hearing Officer noted that their evidence included an allegation of bad faith (Section 3(6)) but took no account of it since it had not been pleaded. As regards the Section 5(2) objection the Hearing Officer found that the mark relied upon post-dated the applicants in suit, and ruled accordingly that the opposition failed.

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