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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> DAWN (Trade Mark: Opposition) [2001] UKIntelP o16401 (5 April 2001) URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o16401.html Cite as: [2001] UKIntelP o16401 |
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For the whole decision click here: o16401
Result
Section 3(4) - Opposition not pursued
Section 3(6) - Opposition failed
Section 5(4)(a) - Opposition succeeded
Points Of Interest
Summary
Opposition based on opponent's claim to substantial UK reputation and goodwill under the trade mark DAWN arising from importation of copies of an English language newspaper of that name published in Pakistan, and from an internet news service offered under that name.
In regard to opposition under Section 5(4)(a), the Hearing Officer was satisfied on the evidence, having regard to the usual case law, that the opponent enjoyed goodwill in the UK, albeit in a relatively small market, under what was by any standard a distinctive name. Since the applicant sought to trade in identical goods under the same mark, he found it reasonable to infer that misrepresentation and damage would occur. Opposition on that ground therefore succeeded.
As to opposition under Section 3(6), the Hearing Officer expressed some misgivings about the applicant’s position but did not think there was a sufficient basis to find against them on that ground in the absence of cross-examination.