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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> WALLY WHALE AND DEVICE (Trade Mark: Opposition) [1999] UKIntelP o07099 (3 March 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o07099.html
Cite as: [1999] UKIntelP o7099, [1999] UKIntelP o07099
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WALLY WHALE AND DEVICE (Trade Mark: Opposition) [1999] UKIntelP o07099 (3 March 1999)
For the whole decision click here: o07099
Trade mark decision
- BL Number
- O/070/99
- Decision date
- 3 March 1999
- Hearing officer
- Mr G Salthouse
- Mark
- WALLY WHALE AND DEVICE
- Classes
- 29, 30
- Applicant
- Brake Bros PLC
- Opponent
- S.A. Blue Whale
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b) - Opposition failed
Section 5(2)(b) - Opposition failed
Points Of Interest
- None
Summary
The opponents based their opposition on their own registration of a whale device in Class 31. The Hearing Officer however considered that the marks were not similar, and would not therefore create a likelihood of confusion even had the goods been identical (which they were not).