Trade mark decision
- BL Number
- O/337/06
- Decision date
- 28 November 2006
- Hearing Officer
- Mr D Landau
- Mark
- MOOlicious MOOshake MOOsotonic
- Classes
- 25, 29, 32, 35
- Applicant
- Mark David Cooper
- Opponent
- Milk Link Limited
- Consolidated Opposition
- Section 3(6) & (Section 32(3)
Result
Section 3(6) : Opposition successful.
Points Of Interest
- Bad faith; no valid intention to use; pattern of past behaviour.
Summary
The opponents claimed that the applicant’s business (as stated on his own website) was to register dairy related trade marks and offer those for sale or licence. Consequently he can have had no valid intention to use the marks, which were accordingly applied for in bad faith.
The Hearing Officer set out a comprehensive statement of the present state of the law in respect of ‘bad faith’. Applying this to the facts as disclosed by the evidence the Hearing Officer concluded that there were strong indications of a lack of bona fide intentions to use, and no effective rebuttal from the applicant.
The opposition succeeded accordingly.
Full decision O/337/06 
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