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

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 PDF document23Kb