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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 >> AERONET (Trade Mark: Opposition) [2002] UKIntelP o11502 (14 March 2002) URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o11502.html Cite as: [2002] UKIntelP o11502 |
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For the whole decision click here: o11502
Result
Section 3(6): - Opposition failed.
Section 5(4)(a): - Opposition failed.
Points Of Interest
Summary
The opposition was based on the opponents’ use of the word AERONET for a web site. After considering the evidence of use, however, the Hearing Officer concluded that it did not establish sufficient reputation or goodwill, at the priority date, for him to conclude that the applicants’ use of their mark in respect of the goods/services, was liable to cause damage to the opponents’ very limited goodwill. Under Section 3(6) he did not consider that the opponents had sufficiently established their case. He remarked that the mark was "not so distinctive that an unchallenged claim of independent adoption can be lightly rejected".
