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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> SURETIME (Trade Mark: Opposition) [2007] UKIntelP o13207 (17 May 2007) URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o13207.html Cite as: [2007] UKIntelP o13207 |
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For the whole decision click here: o13207
Result
Section 5(4)(a): Opposition successful.
Points Of Interest
Summary
A very straight-forward case. While the applicants claimed in their counterstatement to have used their mark before the opponent commenced to use its mark, they filed no evidence to support their claim.
The opponent filed evidence of use of its mark, the identical mark SURETIME, from the year 2000 onwards in respect of identical and similar goods as those of the applicants. The Hearing Officer accepted that at the relevant date 16 October 2004 the opponent had a reputation and goodwill in its mark. Thus any use by the applicant would lead to misrepresentation and damage the goodwill of the opponent. The opponent was therefore successful in its opposition under Section 5(4)(a).