Trade mark decision

BL Number
O/305/06
Decision date
24 October 2006
Hearing Officer
Mr G Salthouse
Mark
EXPOSURE
Classes
14
Applicant
Fardeen Ferojkhan Sookun
Opponent
Maison Eloga Horlogherie Et Bijouterie Sarl
Opposition
Sections 3(6), 5(1) & 56

Result

Section 3(6): Opposition failed. Section 5(1) & 56: Opposition failed.

Points Of Interest

  • None

Summary

The opposition was based on an International TM registration in Class 14 of the mark EXPOSURE and on allegations that the applicant knew of the opponents’ mark at the date of application and also that he had no bona fide intention of using it.

As the International TM cited by the opponents post dated the application in suit the opposition under Section 5(1) could only be based on Section 56 if the opponents’ mark was well-known in the UK.

The evidence however did not demonstrate that the mark was well-known here, neither did it support the allegations under Section 3(6).

The opposition therefore failed on all counts.

Full decision O/305/06 PDF document42Kb