Trade mark decision

BL Number

O/394/00

Decision date

25 October 2000

Hearing Officer

Mr M Foley

Mark

PARTY LAND

Classes

16, 28, 41

Applicants

Paul Shepherd

Opponents

Partyland Inc

Opposition

Sections 3(3)(b); 3(6); 5(1); 5(2); 5(3); 5(4) & 56

Result

Section 5(1) - Opposition successful

Section 5(2)(a) - Opposition successful

Points Of Interest

• Reversal of earlier decisions by the same Hearing Officer in the light of later events - see BL O/096/00 and BL O/263/00.

Summary

This was the last of three decisions relating to the same proceedings. By his first decision (BL O/096/00) the Hearing Officer had found the opposition successful under Sections 5(1) and 5(2)(a). He later reversed that decision (see BL O/263/00) because he was informed that the CTM application on which it was based had been withdrawn. Now, in this decision he reversed his decision of BL O/263/00, because he had been further informed that the CTM application had in fact been converted to a UK application and by the provisions of Article 108 of Council Regulation 40/94 retained its CTM seniority.

Full decision O/394/00 6Kb