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United Kingdom Intellectual Property Office Decisions
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FARTY PANTS (Trade Mark: Opposition) [1999] UKIntelP o06799 (3 March 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o06799.html
Cite as:
[1999] UKIntelP o06799,
[1999] UKIntelP o6799
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FARTY PANTS (Trade Mark: Opposition) [1999] UKIntelP o06799 (3 March 1999)
For the whole decision click here: o06799
Trade mark decision
- BL Number
- O/067/99
- Decision date
- 3 March 1999
- Hearing officer
- Mr G Salthouse
- Mark
- FARTY PANTS
- Classes
- 05
- Applicant
- Fartypants Limited
- Opponent
- John Brown Publishing Limited
- Opposition
- Sections 5(4)(a); 5(4)(b)
Result
Section 5(4)(a) - Opposition failed
Section 5(4)(a) - Opposition failed
Section 5(4)(b) - Opposition failed
Section 5(4)(b) - Opposition failed
Points Of Interest
Summary
The opposition was based on the opponents’ cartoon character "Johnny Fartpants", who appears in their comic magazine VIZ. The Hearing Officer found that the marks were not similar enough as to give rise to confusion on the part of the public. Neither did he find that the mark represented an infringement of the opponents copyright (if any) in the character "Johnny Fartpants".