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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> HEROES (Trade Mark: Opposition) [2000] UKIntelP o16600 (12 May 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o16600.html
Cite as: [2000] UKIntelP o16600
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HEROES (Trade Mark: Opposition) [2000] UKIntelP o16600 (12 May 2000)
For the whole decision click here: o16600
Trade mark decision
- BL Number
- O/166/00
- Decision date
- 12 May 2000
- Hearing officer
- Mr M Reynolds
- Mark
- HEROES
- Classes
- 25
- Applicants
- Cespa - S.R.L.
- Opponents
- Blue Diamond Ltd
- Opposition
- Section 5(2)
Result
Section 5(2)(b) - Opposition successful
Points Of Interest
- None
Summary
The opponents owned a registration in Class 25 for the mark HEROES in respect of sports and leisure clothing and the Hearing Officer concluded that identical goods were at issue.
The opponents claimed use of their mark from 1991 onwards while the applicants showed modest use in relation to footwear from 1992 onwards. Some of this use impacted on the Hearing Officer’s decision under Section 5(2).
While the respective marks were not identical the Hearing Officer observed that the essential feature of the applicants’ mark was the word HEROES and thus the respective marks were so similar that there was a likelihood of confusion. Opposition succeeded.