Trade mark decision

BL Number

O/087/07

Decision date

27 March 2007

Hearing Officer

Mr D Landau

Mark

N T WORKWEAR (stylised & device)

Classes

09, 25, 27, 45

Applicants

Nisa-Today’s (Holdings) Limited

Opponents

The Royal National Theatre

Opposition

Section 5(2)(b)

Result

Section 5(2)(b): Opposition dismissed.

Points Of Interest

• Section 6A; ‘extreme deficiencies’ in the evidence of use.

Summary

The opposition was based on the opponent’s mark NT registered in a number of classes including Class 25. The opposition was directed at “safety clothing” in Class 9 and “clothing, footwear and headgear” in Class 25.

The evidence of use provided by the opponents under Section 6A, in the view of the Hearing Officer, quite failed to establish any genuine use during the relevant period. The opposition under Section 5(2)(b) failed therefore and the Hearing Officer did not go on to make a provisional finding, in view of the ‘extreme deficiencies of the evidence’.

Opposition dismissed.

Full decision O/087/07 55Kb