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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> EASY AIR (Trade Mark: Invalidity) [2003] UKIntelP o01503 (16 January 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o01503.html
Cite as: [2003] UKIntelP o01503, [2003] UKIntelP o1503
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EASY AIR (Trade Mark: Invalidity) [2003] UKIntelP o01503 (16 January 2003)
For the whole decision click here: o01503
Trade mark decision
- BL Number
- O/015/03
- Decision date
- 16 January 2003
- Hearing officer
- Dr W J Trott
- Mark
- EASY AIR
- Classes
- 07, 16, 17
- Registered Proprietors
- Easypack Limited
- Applicants for Declaration of Invalidity
- Easyjet Airline Company Limited
- Application for Invalidity
- Section 47(2); Sections 5(2)(b), 5(3) & 5(4)(a)
Result
Section 5(2)(b) - Application for invalidation partially successful
Section 5(3) - Application for invalidation failed
Section 5(4)(a) - Application for invalidation failed
Points Of Interest
- 1. Comparison of the marks EASYJET v EASYAIR.
- 2. Comparison of the goods/services.
Summary
The applicants for invalidation were proprietors of a number of 'EASY' marks, registered in various classes. Their principle activity was as a 'budget' airline, under the mark EASYJET. Under Section 5(2)(b) the Hearing Officer found a likelihood of confusion in respect of the Class 16 goods, and the application succeeded to that limited extent.
Under Section 5(3) the Hearing Officer could not find that the nature of the applicants reputation, in airline services, would enable the registered proprietors to take advantage of it in their sales of industrial packaging materials, or cause it detriment. That ground therefore failed.
The application failed under Section 5(4)(a) also.