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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 >> PLAYBOYSKOOL (Trade Mark: Opposition) [2008] UKIntelP o01308 (18 January 2008) URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o01308.html Cite as: [2008] UKIntelP o1308, [2008] UKIntelP o01308 |
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For the whole decision click here: o01308
Result
Section 5(2)(b): Opposition successful, for the most part. Section 5(3): Opposition failed. Section 5(4)(a): Opposition successful, for the most part.
Points Of Interest
Summary
The opposition was based on the opponents’ mark PLAYBOY. Under Section 5(2)(b) the Hearing Officer found the opponents successful in respect of all foods and services, save for a few in Class 45. The Hearing officer went on to find that the opponents’ evidence did not establish a reputation in the European Community at the relevant date and the Section 5(3) objection failed accordingly. However, under Section 5(4)(a) the Hearing Officer found for the opponents in respect of all but one of the surviving services in Class 45, viz “security services for the protection of individuals”.
The opponents’ position could not be improved by recourse to Section 56.
An award of costs was made in favour of the opponents, but it was reduced so as to reflect the fact that much of their evidence had been ill-directed.
