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Trade mark decision

BL Number: O/891/21
Decision date: 9 December 2021
Hearing Officer: Ms S Wilson
Mark: Perfect pizza, PERFECT PIZZA, PERFECT PIZZA MAKE IT PERFECT
Classes: 29, 30, 31, 32, 39, 42, 43

Grounds

Section 3(6) Bad Faith - Knowledge of opponent's use in the UK
Section 3(6) Bad Faith - Breach of agreement between the parties
Section 3(6) Bad Faith - Breakdown of former business relationship
Sections 5(1), 5(2) and 5(3) Earlier Trade Marks - Distinctive and dominant components
Sections 5(1), 5(2) and 5(3) Earlier Trade Marks - Composite word and device marks
Sections 5(1), 5(2) and 5(3) Dilution Cases - Reputation
Section 5(4) Earlier Rights - Passing off (Issues arising from Registry proceedings)
Section 5(4) Earlier Rights - Relevant date
Other Issues - Construction of agreements / contracts
Revocation / Proof of Use - Dates - genuine use
Revocation / Proof of Use - Variant forms of marks - use with matter added or subtracted
Revocation / Proof of Use - Use with Registered Proprietor’s (RP) consent - use by others
Procedural Issues - Costs – litigants in person, actual, security for

Full decision O/891/21 2.48Mb

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URL: http://www.bailii.org/uk/cases/UKIntelP/2021/o89121.html

United Kingdom Intellectual Property Office Decisions

Perfect pizza, PERFECT PIZZA, PERFECT PIZZA MAKE IT PERFECT (Trade Mark: Revocation) [2021] UKIntelP o89121 (9 December 2021)

Trade mark decision

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	United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Perfect pizza, PERFECT PIZZA, PERFECT PIZZA MAKE IT PERFECT (Trade Mark: Revocation) [2021] UKIntelP o89121 (9 December 2021) URL: http://www.bailii.org/uk/cases/UKIntelP/2021/o89121.html Cite as: [2021] UKIntelP o89121