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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> THE ONE (Trade Mark: Opposition) [2007] UKIntelP o14307 (30 May 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o14307.html
Cite as: [2007] UKIntelP o14307

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THE ONE (Trade Mark: Opposition) [2007] UKIntelP o14307 (30 May 2007)

For the whole decision click here: o14307

Trade mark decision

BL Number
O/143/07
Decision date
30 May 2007
Hearing officer
Mr G Salthouse
Mark
THE ONE
Classes
09, 16
Applicants
Scottish Daily Record and Sunday Mail Ltd
Opponents
Tony Coles and The 1 Ltd
Opposition
Section 5(4)(a)

Result

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

Points Of Interest

Summary

The opposition was based on the opponents’ claim that they have used the marks THE 1 and The One in respect of identical/similar services, using the internet, from a date preceding the date of application.

From the evidence the Hearing Officer concluded that the opponents had succeeded in demonstrating use of (albeit on a small scale) and consequent goodwill in the marks. Given that the marks and services were identical or “very, very similar” misrepresentation would occur leading to damage to the opponents. The opposition under Section 5(4)(a) succeeded accordingly.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o14307.html