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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> HAMPTON (Trade Mark: Opposition) [2006] UKIntelP o11006 (24 April 2006) URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o11006.html Cite as: [2006] UKIntelP o11006 |
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For the whole decision click here: o11006
Result
Section 5(4)(a): Opposition failed.
Points Of Interest
Summary
The mark in suit was applied for in Class 18 on 12 November 2002 in respect of a range of articles made of leather and imitation leather, bags, belts etc.
The opponent claimed to own the mark HAMPTONS and said that it had used the mark in the UK from 2000 onwards in respect of bags, belts, umbrellas etc. The opponent filed evidence of use; some of which appeared to refer to the American market. Use in the UK was in the context COACH HAMPTONS with COACH shown as the dominant element and there was little evidence that the mark HAMPTONS was advertised or drawn specifically to customer’s attention. The Hearing Officer, after a full review of the evidence before him, decided that the opponent had failed to establish goodwill in its mark HAMPTONS in the UK and that the opponent therefore must fail in its grounds of opposition under Section 5(4)(a).
