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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> HT (Trade Mark: Opposition) [1999] UKIntelP o11899 (26 April 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o11899.html
Cite as: [1999] UKIntelP o11899
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HT (Trade Mark: Opposition) [1999] UKIntelP o11899 (26 April 1999)
For the whole decision click here: o11899
Trade mark decision
- BL Number
- O/118/99
- Decision date
- 26 April 1999
- Hearing officer
- Mr M Reynolds
- Mark
- HT
- Classes
- 07, 09
- Applicant
- Hypertherm Incorporated
- Opponent
- AAF-cQuay Inc
- Opposition
- Sections 3(1)(b); 3(1)(c); 3(1)(d); 3(3)(b); 5(2)(b); 5(3) & 5(4)(a)
Result
Section3(1)(b) - Opposition successful
Section3(1)(b) - Opposition successful
Section 3(3) - Opposition failed
Section 3(3) - Opposition failed
Section5(2)(b) - Opposition failed
Section5(2)(b) - Opposition failed
Section5(3) - Opposition failed
Section5(3) - Opposition failed
Section 5(4) - Opposition failed
Section 5(4) - Opposition failed
Points Of Interest
- 1. Prima facie objection had not been overcome by the evidence of use filed.
- 2. Practice in relation to two letter marks.
Summary
Under Section 3 the Hearing Officer found that there was indeed a prima facie objection to the mark, and the evidence of use filed either at the application stage or in the proceedings had not overcome that objection. The opposition under Section 3(1)(b) succeeded accordingly. Under Sections 3(3), 5(3) and 5(4) the opponents had not made out their case. Under Section 5(2) the Hearing Officer considered either that the goods were not similar, or that a simple clarification of the specification could avoid any remote possibility of confusion.