Trade mark decision

BL Number: O/042/99
Decision date: 4 February 1999
Hearing Officer: Dr W J Trott
Mark: YTV & DEVICE
Classes: 38
Applicants: Mastering ComÁrcio Empreendimentos E ParticipacÔes Ltda
Opponents: Yorkshire Television Limited
Opposition: Sections 3(3)(a); 3(6); 5(1); 5(2); 5(3); 5(4)(a); 5(4)(b)

Result

Section 3(3)(a): - Opposition dismissed.

Section 5(1): - Opposition dismissed.

Section 5(2): - Opposition dismissed.

Section 5(3): - Opposition dismissed.

Section 5(4)(b): - Opposition dismissed.

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

Section 3(6): - Opposition failed.

Points Of Interest

1. None

Summary

The opposition , based on relative grounds, was misconceived under the absolute grounds of Section 3(3)(a); this ground was dismissed. Under Sections 5(1)(2) and (3), the opponents did not qualify. Under 5(4)(b), the opponents had not shown any earlier rights under copyright design or registered design. Consequently the matter fell to be considered under Section 5(4)(a), and the Hearing Officer did not find in favour of the opponents under this head. Finally, the Hearing Officer found that the Section 3(6) ground, based on an absence of intention to use the mark had not been made out.

Full decision O/042/99 32Kb