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United Kingdom Intellectual Property Office Decisions
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HURRY ME A CURRY (Trade Mark: Opposition) [1998] UKIntelP o13298 (19 June 1998)
URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o13298.html
Cite as:
[1998] UKIntelP o13298
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HURRY ME A CURRY (Trade Mark: Opposition) [1998] UKIntelP o13298 (19 June 1998)
For the whole decision click here: o13298
Trade mark decision
- BL Number
- O/132/98
- Decision date
- 19 June 1998
- Hearing officer
- Mr S J Probert
- Mark
- HURRY ME A CURRY
- Classes
- 29, 42
- Applicants
- Arshad Javed
- Opponents
- Mohammed Hanif
- Opposition
- Sections 3(6); 5(2)(b); 5(3) & 5(4)(a)
Result
Section 3(6) - no formal finding
Section 5(2)(b) - opposition successful
Section 5(3) - no formal finding
Section 5(4)(a) - no formal finding
Points Of Interest
-
Costs: It seemed to the Hearing Officer that the Registrar had accepted the application in error, he was therefore "reluctant to award costs against (either party)." He did, however, make an award against the applicant.
Summary
The registration cited by the opponents was their mark HURRY CURRY, registered in respect of curry powder in Class 30. The Hearing Officer decided the matter solely under Section 5(2). He found an overlap in the specifications. The applicant’s mark, he said, “shouts out the two words - HURRY CURRY. He saw a likelihood of confusion and the opposition succeeded accordingly.