Trade mark decision

BL Number

O/267/04

Decision date

1 September 2004

Hearing Officer

Mr M Foley

Mark

triyoga

Classes

25, 28, 41

Applicant

Triyoga (UK) Limited

Opponent

Kali Ray

Opposition

Sections 3(6) & 5(4)(a)

Result

Section 3(6): - Opposition failed. Section 5(4)(a): - Opposition failed.

Section 5(4)(a): - Opposition failed.

Points Of Interest

• 1. Evidence of use of trade mark; magazine use; internet use.

Summary

The Hearing Officer dealt first with the objection under Section 5(4)(a). The opponent claimed to have founded a new system of yoga, developed a certification handbook and to operate five TRI YOGA training centres in the US. There was insufficient evidence however to support a goodwill and reputation in the UK at the relevant date. The burden of proof lay on the claimant and it had not been discharged. The objection under Section 5(4)(a) was dismissed. Neither did the evidence support the case under Section 3(6), which was also dismissed.

Full decision O/267/04 168Kb