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United Kingdom Intellectual Property Office Decisions
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LEATHERWOOD (Trade Mark: Opposition) [1998] UKIntelP o18598 (21 September 1998)
URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o18598.html
Cite as:
[1998] UKIntelP o18598
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LEATHERWOOD (Trade Mark: Opposition) [1998] UKIntelP o18598 (21 September 1998)
For the whole decision click here: o18598
Trade mark decision
- BL Number
- O/185/98
- Decision date
- 21 September 1998
- Hearing officer
- Mr M Reynolds
- Mark
- LEATHERWOOD
- Classes
- 03
- Applicants
- Concept Marketing Pty Ltd
- Opponents
- Cussons (International) Ltd & Cussons (UK) Ltd
- Opposition
- Section 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b) - opposition successful
Section 5(4)(a) - no formal finding
Points Of Interest
Summary
The opposition was based on the opponents' registration and use of their marks IMPERIAL LEATHER and LEATHER solus. The Hearing Officer found the goods to be similar and the marks also. He considered that a likelihood of confusion existed, and the Section 5(2)(b) succeeded accordingly. He made no formal finding under Section 5(4)(a) but he remarked that the opponents would not be likely to succeed under that head.