Trade mark decision

BL Number: O/082/99
Decision date: 17 March 1999
Hearing Officer: Mr M Foley
Mark: TURNBURY
Classes: 21
Applicant: Dinex International Inc
Opponent: Nitto World Company Limited
Opposition: Sections 3(6); 5(3)(b) & 5(4)(a)

Result

Section 3(6) - Opposition failed

Section 5(3)(b) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

None

Summary

The opposition was based on the opponents’ registrations of and reputation in the mark TURNBERRY, registered in respect of various, non similar, goods and as owners of a hotel famous in connection with golf. The Hearing Officer found, on all grounds, that the opponents had failed to establish that the applicants’ mark would take unfair advantage or be detrimental to their mark, would result in passing-off, or was applied for in bad faith.

Full decision O/082/99 42Kb