Trade mark decision

BL Number: O/123/99
Decision date: 29 April 1999
Hearing Officer: Mr M Foley
Mark: MAGIC BALL
Classes: 30
Applicant: Zeta Espacial SA
Opponent: Societe des Produits Nestle SA
Opposition: Section 3(6)*. *An objection was also raised under Section 32(3) but the Hearing Officer dismissed this as in his view that Section does not provide a ground of opposition.

Result

Section 3(6) - Opposition succeeded

Points Of Interest

Bad faith

Summary

The opponents’ case under Section 3(6) was that (a) the applicants had only sought registration after they learnt of the opponents' interest in the mark and to frustrate revocation proceedings which the opponents launched against two other registrations of MAGIC BALL in the applicants' ownership, and (b) the applicants had no intention of using the mark in the full range of goods specified.

After reviewing the evidence the Hearing Officer concluded that both these allegations were well founded and the opposition under Section 3(6) succeeded accordingly.

Full decision O/123/99 23Kb