Trade mark decision

BL Number
O/183/01
Decision date
18 April 2001
Hearing Officer
Dr W J Trott
Mark
HAJI JAAN MOHD. & SONS OF NAIROBI PNJAB TEXTILES LIMITED
Classes
24
Applicant
Punjab Textiles Ltd
Opponent
Fatima Dudhia of Touchwood Boutique
Opposition
Sections 3(1)(b); 3(6); 5(4)(a); 5(4)(b)

Result

Section 3(1)(b) - Opposition dismissed.

Section 3(6) - Opposition dismissed.

Section 5(4): - No formal finding.

Points Of Interest

  • 1. A successful opposition under Section 3(6)

Summary

The device element of the mark (that of an ‘elegant lady’) was an important factor in this case. The Hearing Officer dismissed the Section 3(1)(b) objection at the outset, there being no evidence in support of it. Under Section 3(6) the Hearing Officer found that the opponents account of the history of the creation of the logo showed that they had intellectual property rights in it, and this had not been rebutted by the applicant. The opposition under Section 3(6) succeeded, therefore. Under Section 5(4) the Hearing Officer made no formal finding but remarked in passing that the opponent appeared to have a sufficient case under this section also.

Full decision O/183/01 PDF document21Kb