Trade mark decision
- BL Number
- O/239/03
- Decision date
- 19 August 2003
- Hearing Officer
- Mr J MacGillivray
- Mark
- STOP DREAMING START PACKING
- Classes
- 09, 16, 18, 25, 35, 36, 39, 43
- Applicant
- Delaney Lund Knox Warren & Partners Limited
- Opponent
- Travel Key Limited t/a Imperial Air Travellers
- Opposition
- Section 5(4)(a)
Result
Section 5(4)(a) - Opposition failed.
Points Of Interest
- 1. Domain names : may also be trade marks, but this has to be demonstrated by evidence.
Summary
The opponent claimed continuous use of the same phrase since 1978. Having assessed the evidence, however, the Hearing Officer concluded that the opponent had not established sufficient goodwill at the relevant date to sustain a passing-off action. The opposition failed accordingly.
Full decision O/239/03 
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