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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 >> EATALIA (Trade Mark: Opposition) [2003] UKIntelP o15103 (28 May 2003) URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o15103.html Cite as: [2003] UKIntelP o15103 |
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For the whole decision click here: o15103
Result
Appeal successful.
Points Of Interest
Summary
At first instance (see BL O/393/02) the Hearing Officer had dismissed the opposition under Section 3(6), but had found the opponent successful under Section 5(4)(a). The applicant appealed against this latter finding. Having reviewed the matter the Appointed Person confirmed that, whilst the smallness of the business does not prevent it having a goodwill, the law of passing off does not protect a goodwill of trivial extent. In her view the Hearing Officer had been wrong to find on the basis of the evidence before him that the opponent had established a protectable goodwill and reputation. She therefore did not need to consider if registration/use would be likely to mislead the public.
The appeal succeeded.
