Trade mark decision

BL Number: O/072/99
Decision date: 5 March 1999
Hearing Officer: Mr D Morgan
Mark: DEMON ALE
Classes: 32
Applicant: Jack Moore
Opponent: Les Brasseurs de Gayant
Opposition: Sections 3(6); 5(1) & 5(2)

Result

Section 5 - Opposition failed

Section 3(6) - Opposition successful

Points Of Interest

1. Bad faith
2. Bona fide intention to use

Summary

The opponents based their opposition on their, at that time unregistered, mark BIERE DU DEMON, and on their allegation (supported by evidence in the form of correspondence) that the applicant had no intention of using the mark. The Hearing Officer found that there was no 'earlier trade mark' and the Section 5 objection failed accordingly. Under Section 3(6), however, the Hearing Officer noted that the applicant had provided no evidence in rebuttal of the evidence provided by the opponents; accordingly he found the allegation proved.

Full decision O/072/99 12Kb