Trade mark decision

BL Number
O/247/08
Decision date
27 August 2008
Hearing Officer
Mr M Bryant
Mark
Londonhelp4u
Classes
35, 41
Applicants
UKhelp4u Limited
Opponent
Francine Mendonca da Silva
Opposition
Sections 3(6) & 5(4)(a)

Result

Section 3(6): Opposition successful. Section 5(4)(a): Opposition successful.

Points Of Interest

  • Bad faith

Summary

The opposition was based on use of the mark LONDONHEPH4U & device, and on an allegation of bad faith.

Having reviewed the evidence the Hearing Officer found that the opponent had a goodwill associated with the sign and misrepresentation would occur if the applied for mark were used. The objection under Section 5(4)(a) succeeded accordingly. In view of the applicant’s knowledge of the opponent’s use at the date of application the objection under Section 3(6) also succeeded.

Full decision O/247/08 PDF document91Kb