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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> POINT FOUR (Trade Mark: Opposition) [2001] UKIntelP o35001 (14 August 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o35001.html
Cite as: [2001] UKIntelP o35001

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POINT FOUR (Trade Mark: Opposition) [2001] UKIntelP o35001 (14 August 2001)

For the whole decision click here: o35001

Trade mark decision

BL Number
O/350/01
Decision date
14 August 2001
Hearing officer
Dr W J Trott
Mark
POINT FOUR
Classes
09, 42
Applicant
Point 4 Consulting Limited
Opponent
Planet Epos Limited
Opposition
Section 5(4)(a)

Result

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

Points Of Interest

Summary

The opponents opposition was based on their use of the marks POINT FOUR and POINT 4 dating back to 1987 in relation to a range of computer software and hardware, mainly for use in relation to retail businesses. The relevant date of these proceedings was 3 July 1997.

At a late stage in the proceedings the applicants had suggested restricting their specifications to avoid the opponents field of activity, but the Hearing Officer did not find such proposals particularly helpful. However, after carefully analysing all the evidence the Hearing Officer was satisfied that the two opposing firms operated in different sections of the computer industry and he allowed the applicants application to proceed for restricted specifications.



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URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o35001.html