Trade mark decision

BL Number
O/145/00
Decision date
27 April 2000
Hearing Officer
Mr M Foley
Mark
RENNIE MACKINTOSH
Classes
14
Applicant
Carrick Jewellery Ltd
Opponent
Sea Gems Ltd
Opposition
Sections 3(1)(a), (b), (c) & (d); Section 3(3)(b), Section 3(6) and Sections 5(4)(a) & (b)

Result

Section 3(1)(b) & (c) - Opposition successful

Section 3(1)(a) & (d) - Opposition failed

Section 3(3)(b) - Opposition failed

Section 3(6) - Opposition failed

Section 5(4)(a) & (b) - Opposition failed

Points Of Interest

Summary

The opposition succeeded under Sections 3(1)(b) and (c), the Hearing Officer's reasoning following that set forth in respect of another opposition to the same application (SRIS O/143/00), though based on evidence of a different deponent. Opposition failed on all other grounds, again for the reasons as set forth in O/143/00, except that Section 3(6) was only pleaded in this case and the opponent failed to establish that the applicant was knowingly trying to deny others use of a sign which they were legitimately entitled to use.

Full decision O/145/00 PDF document34Kb