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Re Brampton Manor Trade Mark
Comment
As was recognised, this case raises similar issues to sporting 'badges of allegiance' cases but concerns the more unusual subject matter of school badges. It also demonstrates the risks involved in alleging bad faith without supporting evidence. The Hearing Officer found that the opposition had "at its heart an allegation of bad faith which is a very serious charge and one which the opponent singularly failed to corroborate, indeeed the opponent did not make out a prima facie case." Accordingly, the opponent was ordered to pay a sum by way of costs to the Applicants.