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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 >> AJLAN BROS (Trade Mark: Opposition) [2003] UKIntelP o27703 (3 September 2003) URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o27703.html Cite as: [2003] UKIntelP o27703 |
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For the whole decision click here: o27703
Result
Section 3(1)(b) - Opposition failed.
Section 3(6) - Opposition failed.
Section 5(2)(b): - Opposition failed.
Points Of Interest
Summary
Under Section 3(1)(b) the Hearing Officer, having had regard to all the submissions made, and to the earlier jurisprudence, could find no objections to the mark.
The objection under Section 3(6), originally stated as an allegation of ‘bad faith’, turned out at the hearing to be an allegation that the applicants intended to use the mark in relation to one product only of those, in the specification, and also did not intend to use the mark in the UK.
The Hearing Officer found no evidence of bad faith, and noted that flaws in the applicants’ evidence were perhaps attributable to the fact that the evidence was not directed at the precise allegations which had emerged. The Section 3(6) ground was dismissed.
Finally, the Hearing Officer turned to consider the matter under Section 5(2)(b). The opponents’ mark comprised a circular device with Arabic script above and the word/letters AJLN below. The Hearing Officer concluded that these marks differed one from the other to such an extent that there was no likelihood of confusion.
