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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 >> MISCELLANEOUS (Trade Mark: Opposition) [2000] UKIntelP o11400 (23 March 2000) URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o11400.html Cite as: [2000] UKIntelP o11400 |
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For the whole decision click here: o11400
Result
Sections 1(1) & 3(1)(a) - Opposition dismissed
Section 3(1)(d) - Opposition dismissed
Sections 3(1)(b) & 3(1)(c) - Opposition successful
Section 5(2)(b) - Opposition successful
Section 39 - Opposition dismissed
Points Of Interest
Summary
In considering the opposition under Section 39, the Hearing Officer explained that, following examination by the Trade Marks Registry, the description of the mark was clarified to identify the colours show in an accompanying colour photograph as "yellow and red" rather than "orange and yellow". The opponent contended that this affected the identify of the mark, but it was held that although the colours specified in the description had changed, those on the photograph had not, so that after clarification the mark was the same as that for which registration was originally sought. Opposition under Section 39 was therefore dismissed.
In other respects, the decision is identical with SRIS O/113/00, except that the Hearing Officer also found that the applicant's claim to honest concurrent use was not substantiated by the evidence.
