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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> DAKAR (Trade Mark: Opposition) [2002] UKIntelP o33902 (14 August 2002) URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o33902.html Cite as: [2002] UKIntelP o33902 |
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For the whole decision click here: o33902
Result
Section 3(1)(c) - Opposition failed.
Section 5(4)(a) - Opposition partially successful; specification reduced.
Points Of Interest
Summary
The opponents in this case were applicants in related proceedings, in which they were opposed by the present applicants (see BL O/338/02). The opponents’ mark was DAKAR 4x4.
The Hearing Officer dealt with the matter first under Section 3(1)(c). Here he found that the mark did not consist exclusively of "words or signs .... etc" since it was presented in a stylised script together with a device. This ground failed accordingly.
Under Section 5(4)(a) the Hearing Officer found that the opponents had established their case in respect of automobiles and he decided that the specification should be amended by the deletion of automobiles or any goods similar to automobiles. [This decision had a consequence in the related proceedings BL O/338/02 qv].
