Trade mark decision

BL Number

O/369/02

Decision date

10 September 2002

Hearing officer

Mr G Salthouse

Mark

ROLE CALL

Classes

41

Applicants

Role Call Limited

Opponents

Deborah Manship t/a Role Call

Opposition

Sections 3(6) & 5(4)(a)

Result

Section 3(6) - No formal finding.

Section 5(4)(a) - Opposition successful.

Points Of Interest

• 1. Section 48(1) prevents opposition to use of a later mark but not opposition to registration.

Summary

The opponent claimed prior use of the mark (from October 1990) in respect of identical services.

The Hearing Officer, having reviewed the evidence of use, found the opponent successful under Section 5(4)(a). In doing so he rejected an attempted defence based on the applicant’s own use of the mark, under Section 48(1). The applicant did not have a registered mark and so could not claim relief under that Section, he said, and in any case Section 48(1) does not prevent the owner of an earlier right opposing the registration of a mark.

The Hearing Officer made no finding under Section 3(6).

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URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o36902.html