Trade mark decision

BL Number

O/008/00

Decision date

18 January 2000

Hearing officer

Mr A James

Mark

DEVICE

Classes

25

Applicants

Le Shark Limited

Opponents

Reebok International Limited

Opposition

Sections 3(6), 5(2) and 5(4)(a)

Result

Section 3(6) - Dismissed

Section 5(2) - Opposition successful

Section 5(4)(a) - Opposition withdrawn

Points Of Interest

• Admission of hearsay evidence: Registrar's discretion.

Summary

The opposition was based on the similarity of the mark applied for, to that of the opponents. The ground under Section 5(4) however, was withdrawn at the hearing. At the request of the applicants the Hearing Officer ruled that a part of the opponents' evidence was hearsay and declined to exercise the Registrar's discretion to admit it. Under Section 5(2) the Hearing Officer found that the goods were identical and the marks similar. Under Section 3(6) the opponents had not discharged the onus of proof which was on them; ground dismissed.

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