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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 >> ALCHEMY (Trade Mark: Opposition) [2002] UKIntelP o09702 (27 February 2002) URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o09702.html Cite as: [2002] UKIntelP o9702, [2002] UKIntelP o09702 |
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For the whole decision click here: o09702
Result
Section 5(1): - Opposition successful.
Section 5(2)(a): - Opposition successful.
Section 5(4)(a): - No formal finding.
Points Of Interest
Summary
The opposition was based on the opponents' own registration of the mark ALCHEMY, in Class 25. The applicants had launched a revocation action against this registration and sought, at a very late stage, to consolidate this with the opposition proceedings. After a review of the arguments and submissions the Hearing Officer rejected the application for consolidation. He went on to consider the matter under Section 5(1). Here he found that the marks were identical and the goods likewise. The opposition succeeded under that Section therefore, but he went on to consider the matter under Section 5(2)(a), in relation "to those items which might not be considered identical ....." Here, too, he found the opponents successful. He went on to consider the claim of honest concurrent use; however the use claimed was insufficient to avoid a likelihood of confusion, he decided.
The Hearing Officer did not go on to consider the matter under Section 5(4)(a).
