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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TROPIWAY (Trade Mark: Opposition) [2007] UKIntelP o35507 (6 December 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o35507.html
Cite as: [2007] UKIntelP o35507

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TROPIWAY (Trade Mark: Opposition) [2007] UKIntelP o35507 (6 December 2007)

For the whole decision click here: o35507

Trade mark decision

BL Number
O/355/07
Decision date
6 December 2007
Hearing officer
Mr M Reynolds
Mark
TROPIWAY
Classes
30
Applicants
Flying Trade Ltd
Opponents
Wanis Limited
Opposition
Sections 3(6) & 5(4)(a)

Result

Section 3(6): Opposition successful. Section 5(4)(a): Opposition successful.

Points Of Interest

Summary

The opponent claimed to have devised the mark when acting as a distributor of African food products in the UK. The applicants, it was alleged, was a sub-distributor in the same market. Their attempt now to register the mark in their name was in bad faith and would result in passing-off.

Having reviewed the history disclosed by the evidence the Hearing Officer found for the opponents under both grounds of opposition.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o35507.html