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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 >> CABC TEAM LOTUS (Trade Mark: Opposition) [1998] UKIntelP o21098 (23 October 1998) URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o21098.html Cite as: [1998] UKIntelP o21098 |
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For the whole decision click here: o21098
Result
Section 5(4)(b) - Opposition successful
Section 3(6) - Opposition successful
Section 5(4)(a) - Not considered
Section 5(2) - Not decided
Section 5(3) - Not decided
Points Of Interest
Summary
In this case the opponents request to amend the grounds of opposition was by way of adding an additional ground under Section 5(1) of the Act. The opponents opposition was based on their ownership of an earlier registration for the mark BIKE HART in respect of identical goods to those within the specification of the applicants application and they wished to argue that identical marks and identical goods were at issue (Section 5(1)). The request to amend was made more than twelve months after the filing of the opposition.
The applicants opposed the request on the basis that there had been a delay in making the request and also because they submitted that it was clear that the respective marks OLD BIKE MART and BIKE MART were not identical in the context of Section 5(1).
Allowing the amendment the Hearing Officer accepted that the opponents had filed their request as soon as the matter had come to their attention. Additionally he did not believe that they had an unarguable case in the context of Section 5(1).
