Trade mark decision

BL Number
O/303/01
Decision date
5 June 2001
Appointed Person
Mr Geoffrey Hobbs QC
Mark
PINMORE
Classes
07, 35
Applicant
Hassan Talal Yousef Assali
Opponent
Sections 3(6) & 5(4)(a)
Opposition

Result

Section 3(6): - Opposition successful.

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

Points Of Interest

  • Appeal from Hearing Officer=s decision dated 1 November 2000 (BL O/406/00)

Summary

In his decision dated 1 November 2000 (and amended on 29 November 2000) the Hearing Officer found in favour of the opponents. The applicant appealed and the Appointed Person again reviewed the papers and considered submissions by the applicant. When the applicant filed his application the Company PINMORE (UK) was still in existence and it owned the rights even though the applicant was a director. It is clear from the authorities that a director of a company simply cannot treat a company's trade mark assets as if they were his own to use and dispose of as he pleases. The Appointed Person upheld the Hearing Officer's decision under both Sections 3(6) and 5(4)(a).

Full decision O/303/01 PDF document15Kb