Trade mark decision

BL Number
O/346/00
Decision date
20 September 2000
Hearing Officer
Mr M Reynolds
Mark
DAVID PAGE
Classes
25
Applicant
David Charles Page
Opponent
Palmon (Overseas) Ltd
Opposition (Consolidated)
Section 3(6) & 5(4)(a)

Result

Section 3(6) - Opposition successful

Section 5(4)(a) - Opposition failed

Points Of Interest

  • 1. Bad Faith
  • 2. Amendment of pleadings

Summary

This consolidated opposition had earlier been the subject of a Registry decision (BL O/156/99) and an appeal to the Appointed Person (BL O/101/00). Following further consideration by the Registrar, the matter was considered anew, on amended grounds. The amendment brought in a specific reference to Section 3(6), and a substitution of Section 5(4)(a), for the earlier ground under Section 5(2). Reviewing the matter the Hearing Officer found the opponents successful under Section 3(6). He doubted the proprietary of allowing a fresh ground Section 5(4)(a) to be introduced but concluded that in any case the opponents would fail under that ground.

Full decision O/346/00 PDF document17Kb