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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 >> INDEPENDENCE (Trade Mark: Opposition) [1999] UKIntelP o23799 (20 July 1999) URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o23799.html Cite as: [1999] UKIntelP o23799 |
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For the whole decision click here: o23799
Result
Section 5(4)(a) - Opposition succeeded
Points Of Interest
Summary
Opposition based on opponent’s use of the mark INDEPENDENCE for over 6 years prior to the relevant date in respect of the same goods as covered by the mark in suit (notably kitchen furniture adapted for people with special needs). Applying the usual passing-off tests under Section 5(4)(a) the Hearing Officer had no hesitation in concluding that the opponent had established goodwill in its mark, its evidence in that respect being unchallenged and the applicant’s claim to prior use being unsubstantiated. Moreover, since the marks and goods were the same, the inescapable conclusion that there was likely to be misrepresentation and resultant damage. The opposition therefore succeeded.
