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United Kingdom Intellectual Property Office Decisions
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POWERFUEL (Trade Mark: Opposition) [1998] UKIntelP o14298 (7 July 1998)
URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o14298.html
Cite as:
[1998] UKIntelP o14298
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POWERFUEL (Trade Mark: Opposition) [1998] UKIntelP o14298 (7 July 1998)
For the whole decision click here: o14298
Trade mark decision
- BL Number
- O/142/98
- Decision date
- 7 July 1998
- Hearing officer
- Mr M Reynolds
- Mark
- POWERFUEL
- Classes
- 32
- Applicants
- Sports Direct Limited
- Opponents
- Twin Laboratories Inc
- Opposition
- Sections 3(1)(b) & 5(2)(b)* *Numerous other grounds were raised but they could not hope to succeed in the absence of evidence. Counsel confined himself to the grounds stated above.
Result
Section 3(1)(b) - opposition failed
Section 5(2)(b) - opposition failed
Points Of Interest
Summary
The Hearing Officer held that the mark was distinctive; the Section 3(1)(b) ground failed accordingly. Under Section 5(2)(b) the opponents relied on their marks CHROMIC FUEL, TWINLAB ULTRA FUEL and HYDRAFUEL, all registered in Class 5. It was held that similar goods were involved therefore the matter came down to a comparison of marks. The word FUEL, the only common element, was non distinctive and contributed little to the overall character of the respective marks. The connection between the remaining marks was ‘too remote’ for there to be any reasonable likelihood of confusion.