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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 >> UK LIVING (Trade Mark: Opposition) [2003] UKIntelP o05303 (19 February 2003) URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o05303.html Cite as: [2003] UKIntelP o05303, [2003] UKIntelP o5303 |
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For the whole decision click here: o05303
Result
Appeal partially successful.
Points Of Interest
Summary
At first instances (see BL BL O/237/02) the Hearing Officer had found no likelihood of confusion, even where the goods were identical, in the clash between the applicants’ mark UK Living and the opponents’ mark LIVING. The appellants confined their opposition to goods in Classes 9 and 16 and services in Class 41. Having reviewed the matter the Appointed Person came to the view that the Hearing Officer had fallen into error in his assessment of the marks.
From this he went on to consider the consequences of this finding on the specification of goods and services. Having done so he found the appeal successful in relation to some of the goods in Classes 9 and 16; but he dismissed the appeal in relation to Class 41.
In view of the partial success of both sides, and in view of the reduction in the scope of the appeal, the Appointed Person directed that the original costs order be set aside, and he made no order as to costs in respect of the appeal.
