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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> triyoga (Trade Mark: Inter Partes) [2004] UKIntelP o26704 (1 September 2004)
URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o26704.html
Cite as: [2004] UKIntelP o26704

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triyoga (Trade Mark: Inter Partes) [2004] UKIntelP o26704 (1 September 2004)

For the whole decision click here: o26704

Trade mark decision

BL Number
O/267/04
Decision date
1 September 2004
Hearing officer
Mr M Foley
Mark
triyoga
Classes
25, 28, 41
Applicant
Triyoga (UK) Limited
Opponent
Kali Ray
Opposition
Sections 3(6) & 5(4)(a)

Result

Section 3(6): - Opposition failed. Section 5(4)(a): - Opposition failed.

Section 5(4)(a): - Opposition failed.

Points Of Interest

Summary

The Hearing Officer dealt first with the objection under Section 5(4)(a). The opponent claimed to have founded a new system of yoga, developed a certification handbook and to operate five TRI YOGA training centres in the US. There was insufficient evidence however to support a goodwill and reputation in the UK at the relevant date. The burden of proof lay on the claimant and it had not been discharged. The objection under Section 5(4)(a) was dismissed. Neither did the evidence support the case under Section 3(6), which was also dismissed.



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URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o26704.html