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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> EXPOSURE (Trade Mark: Inter Partes) [2006] UKIntelP o30506 (24 October 2006) URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o30506.html Cite as: [2006] UKIntelP o30506 |
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For the whole decision click here: o30506
Result
Section 3(6): Opposition failed. Section 5(1) & 56: Opposition failed.
Points Of Interest
Summary
The opposition was based on an International TM registration in Class 14 of the mark EXPOSURE and on allegations that the applicant knew of the opponents’ mark at the date of application and also that he had no bona fide intention of using it.
As the International TM cited by the opponents post dated the application in suit the opposition under Section 5(1) could only be based on Section 56 if the opponents’ mark was well-known in the UK.
The evidence however did not demonstrate that the mark was well-known here, neither did it support the allegations under Section 3(6).
The opposition therefore failed on all counts.