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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 >> SHAPE (RAZOR) (Trade Mark: Opposition) [1999] UKIntelP o00299 (6 January 1999) URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o00299.html Cite as: [1999] UKIntelP o00299, [1999] UKIntelP o299 |
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For the whole decision click here: o00299
Result
The matter was not res judicata and not an abuse of process.
The matter was not res judicata and not an abuse of process.
Proceedings stayed pending decision of Court of Appeal in related matter (see [1998] RPC 283).
Proceedings stayed pending decision of Court of Appeal in related matter (see [1998] RPC 283).
Points Of Interest
Summary
P were applicants for registration of device representing the head of an electric razor. Application was opposed by R under various provisions of Section 3. Meantime P had commenced infringement proceedings against R in relation to earlier similar mark. High Court had found in favour of R, and the matter was now before the Court of Appeal. R therefore contended that the TM application should be refused as res judicata and that continuation of the application was an abuse of process. P, however, sought a stay pending C of A decision.
