Trade mark decision
- BL Number
- O/051/98
- Decision date
- 18 February 1998
- Hearing Officer
- Mr M Tuck
- Mark
- DEADLY LEADLY SURFER EXTREME
- Classes
- 03, 05
- Applicant
- Paul Pethick
- Opponent
- Emma Kamen
- Opposition
- Section 3(6)
Result
Section 3(6): - Opposition successful.
Points Of Interest
- 1. None
Summary
The opponent filed evidence to support a claim that she devised the character and the mark and owned the intellectual property rights jointly with Mr Pethick. The applicant Mr Pethick neither filed a counterstatement nor evidence to rebutt the evidence filed by the opponent.
The Hearing Officer accepted that the claims made by the opponent were consistent with the evidence filed and as the applicant had not filed any evidence to substantiate his claim to sole proprietorship, the Hearing Officer concluded that the application had been filed in bad faith. Opposition thus succeeded.
