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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> PARTY LAND (Trade Mark: Opposition) [2000] UKIntelP o09600 (13 March 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o09600.html
Cite as: [2000] UKIntelP o09600, [2000] UKIntelP o9600

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PARTY LAND (Trade Mark: Opposition) [2000] UKIntelP o09600 (13 March 2000)

For the whole decision click here: o09600

Trade mark decision

BL Number
O/096/00
Decision date
13 March 2000
Hearing officer
Mr M Foley
Mark
PARTY LAND
Classes
16, 28, 41
Applicant
Paul Shepherd
Opponent
Partyland Inc
Opposition
Sections 3(3)(b); 3(6); 5(1); 5(2); 5(3); 5(4) & 56

Result

Section 3 - Opposition dismissed.

Section 5 (1) - Opposition successful.

Section 5 (2)(b) - Opposition successful.

Points Of Interest

Summary

The grounds under Sections 3(3)(b) and 3(6) were dismissed by the Hearing Officer as without foundations. Under Section 5, the marks being identical, the only issue was the similarity of the goods and services. The opponents’ earlier application covered the same goods and services and the Hearing Officer found the opposition successful under Section 5(1) in respect of Classes 16 and 28, and successful under Section 5(2)(a) in respect of Class 41. (Note however that in a later decision (BL O/263/00) the Hearing Officer reversed this decision because the opponents’ application for a Community Trade Mark had been withdrawn - and then reversed O/263/00 - because the CTM application had been converted to a UK application (BL O/394/00).



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URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o09600.html