Trade mark decision

BL Number

O/473/00

Decision date

6 November 2000

Hearing officer

Mr Geoffrey Hobbs QC

Mark

FSS

Classes

09, 36

Applicant

FNX Limited (Financial Systems Software (UK) Ltd

Opponent

Financial Software Systems Inc

Opposition

Sections 35(1) and (3)

Result

Section 1(1) - Opposition failed

Section 35 - Priority allowed in respect of Class 9 Refused in respect of Class 36

Sections 32(3) & 3(6) - Class 36 application made in bad faith Class 9 application not made in bad faith

Section 3(6) - Opponents unsuccessful on basis of a claim to ownership of the mark FSS arising from Dissolution Agreement between the parties

Sections 5(1) & 5(2) - Opposition unsuccessful

Section 5(4)(a) - Opposition unsuccessful

Points Of Interest

• 1. International Priority What constitutes a valid filing in an overseas country so that priority under S.35 can be claimed. Section 35(3), S.32, Rules 5(1), 8(2) and 11 considered.
• 2. Assignment Action to be taken if an opponent objects to an Assignment, as there is no provision for opposition. Correct mechanism would be to file an application for rectification under S.64 of the Act.
• 3. Late Request to add new ground of opposition under Section 3(1)(b) refused.
• 4. Appeal from Mr James’s decision dated 8 September 1999. See SRIS O/314/99.

Summary

This was an appeal from Mr James’s decision dated 8 September 1999 (SRIS O/314/99).

The appointed person examined the evidence filed, the submissions made and the Hearing Officer’s reasoning and conclusions in great detail. In so doing he referred to a great many authorities which have been listed below. However, as he reached the same view as the Hearing Officer on all the grounds pleaded there is no need to add to the summary set down under SRIS O/314/99.

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