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.