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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 >> MANHATTAN BAGEL (Trade Mark: Opposition) [1998] UKIntelP o16298 (11 August 1998) URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o16298.html Cite as: [1998] UKIntelP o16298 |
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For the whole decision click here: o16298
Result
Section 5(4)(a) - Opposition failed
Points Of Interest
Summary
The opposition was based on the opponents' use of and reputation in their mark NEW YORK BAGELS. Reviewing the evidence, the Hearing Officer concluded that the extent of the opponents’ prior use of their mark was not the deciding factor. He did not have to decide whether the opponent had an earlier right that would have succeeded in opposition under Section 11 of the old law, but whether the opponent would be able to prevent the applicants from using the mark in suit by virtue of the law of passing off; this did not directly protect trade marks but the goodwill residing in the business. The Hearing Officer concluded that the opponent had established the necessary goodwill and went on to consider the matter of misrepresentation. He did not consider that the mark applied for was likely to lead the public to conclude that the services offered by the applicant were connected in any way with the opponent. This effectively decided the matter.
