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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MNA Badge Device (Trade Mark: Opposition) [2007] UKIntelP o15907 (7 June 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o15907.html
Cite as: [2007] UKIntelP o15907

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MNA Badge Device (Trade Mark: Opposition) [2007] UKIntelP o15907 (7 June 2007)

For the whole decision click here: o15907

Trade mark decision

BL Number
O/159/07
Decision date
7 June 2007
Hearing officer
Mr M Reynolds
Mark
MNA & Badge Device
Classes
35, 41
Applicants
Merchant Navy Association
Opponents
The Merchant Navy Association
Opposition
Sections 3(6) & 5(4)(a)

Result

Section 3(6): Opposition successful. Section 5(4)(a): Opposition failed.

Points Of Interest

Summary

The opposition was based on the opponents’ prior (and national use) of an MN & badge device and on the circumstance in which the applicant, (a breakaway brand of the national association) had applied for registration of their MNA mark and their intentions regarding the use thereof.

After a detailed examination of the evidence the Hearing Officer concluded that the applicants’ behaviour had fallen short of the standards of commercial behaviour that should have been observed. The opposition under Section 3(6) succeeded accordingly.

The evidence, however, was insufficient for success in a case under Section 5(4)(a).



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URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o15907.html