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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 >> COLOURS (Trade Mark: Opposition) [2002] UKIntelP o24702 (18 June 2002) URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o24702.html Cite as: [2002] UKIntelP o24702 |
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For the whole decision click here: o24702
Result
Section 5(2)(b) - Opposition partially successful
Section 5(3) - Opposition failed
Section 5(4)(a) - Opposition failed
Points Of Interest
Summary
A large number of COLORS marks were cited by the opponents but most of these were discounted by the Hearing Officer as they had disclaimers of the word COLORS. One registration, however, succeeded under Section 5(2)(b) in respect of some of the goods in Class 9 and all the goods in the Class 18 specification. Under Section 5(3) the Hearing Officer could not find anything that established the opponents’ claims to reputation in the mark COLORS, solus, and that ground failed. The same defect decided the matter under Section 5(4)(a) also.
In the result the application was permitted to proceed subject to the deletion of the Class 18 goods and some of the goods in Class 9.
