Trade mark decision

BL Number

O/145/00

Decision date

27 April 2000

Hearing officer

Mr M Foley

Mark

RENNIE MACKINTOSH

Classes

14

Applicant

Carrick Jewellery Ltd

Opponent

Sea Gems Ltd

Opposition

Sections 3(1)(a), (b), (c) & (d); Section 3(3)(b), Section 3(6) and Sections 5(4)(a) & (b)

Result

Section 3(1)(b) & (c) - Opposition successful

Section 3(1)(a) & (d) - Opposition failed

Section 3(3)(b) - Opposition failed

Section 3(6) - Opposition failed

Section 5(4)(a) & (b) - Opposition failed

Points Of Interest

• Other related cases : See SRIS O/144/00, O/146/00, O/147/00 and O/148/00

Summary

The opposition succeeded under Sections 3(1)(b) and (c), the Hearing Officer's reasoning following that set forth in respect of another opposition to the same application (SRIS O/143/00), though based on evidence of a different deponent. Opposition failed on all other grounds, again for the reasons as set forth in O/143/00, except that Section 3(6) was only pleaded in this case and the opponent failed to establish that the applicant was knowingly trying to deny others use of a sign which they were legitimately entitled to use.

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