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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> HERITAGE GREEN (Trade Mark: Opposition) [1998] UKIntelP o10698 (8 May 1998)
URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o10698.html
Cite as: [1998] UKIntelP o10698
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HERITAGE GREEN (Trade Mark: Opposition) [1998] UKIntelP o10698 (8 May 1998)
For the whole decision click here: o10698
Trade mark decision
- BL Number
- O/106/98
- Decision date
- 8 May 1998
- Hearing officer
- Mr S J Probert
- Mark
- HERITAGE GREEN
- Classes
- 06
- Applicant
- British Steel Plc
- Opponent
- Imperial Chemical Industries Plc
- Opposition
- Sections 3(3)(b); 5(2)(b) & 5(3)
Result
Section 3(3)(b): - Opposition dismissed.
Section 5(2)(b): - Opposition failed.
Section 5(3): - Opposition failed.
Points Of Interest
- 1. In assessing reputation under Section 5(3) a ‘sliding scale’ is appropriate; the greater the reputation the greater the penumbra of protection extends into areas of dissimilar goods.
Summary
The opposition was based on the opponents’ registration of their mark ‘HERITAGE’ registered in Class 2 and used in relation to a range of paints. The Section 3 ground was dismissed as it had been founded in a ‘relative’ objection. Under Section 5(2) the Hearing Officer found the marks to be similar, but concluded that the goods were not similar and there was no likelihood of confusion. Under Section 5(3) he found that the opponents mark had not yet been used on its own, but always in conjunction with other marks (ICI and DULUX); it did not yet have a significant reputation.