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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 >> POUT (Trade Mark: Opposition) [2003] UKIntelP o36903 (21 November 2003) URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o36903.html Cite as: [2003] UKIntelP o36903 |
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For the whole decision click here: o36903
Result
Section 5(2)(a) - Opposition failed
Section 5(2)(b) - Opposition failed
Section 5(3) - Opposition failed
Section 5(4)(a) - Opposition partially successful.
Points Of Interest
Summary
The opposition, which was not directed at the Class 38 specification, was based on the opponents' registrations of 'POUT' marks in Class 3. It was one of two closely related oppositions; see also BL O/370/03.
The opposition based on Sections 5(2)(a) and 5(2)(b) failed because, in the words of the Hearing Officer "registration, identicality of trade marks, distinctiveness of the earlier trade mark cannot make dissimilar goods similar".
The evidence did not establish a reputation in terms of Section 5(3); consequently this ground failed also.
There was nothing in the evidence, or in the Hearing Offices's knowledge, which could support a case under Section 5(4)(a) in respect of the Class 9 and Class 41 specifications. This left the Class 25 goods. In this the Hearing Officer found a danger of confusion/deception and the opposition succeeded in respect of those goods.
The award of costs to the applicants reflected the limited success of the opponents and the commonality of the evidence filed in this and the related proceedings.
