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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> FLOG (Trade Mark: Opposition) [1999] UKIntelP o06899 (3 March 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o06899.html
Cite as: [1999] UKIntelP o6899, [1999] UKIntelP o06899
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FLOG (Trade Mark: Opposition) [1999] UKIntelP o06899 (3 March 1999)
For the whole decision click here: o06899
Trade mark decision
- BL Number
- O/068/99
- Decision date
- 3 March 1999
- Hearing officer
- Mr G Salthouse
- Mark
- FLOG
- Classes
- 25, 26, 27, 28
- Applicant
- Flog Industries Ltd
- Opponent
- H & M Hennes & Mauritz AB
- Opposition
- Sections 3(6); 5(2)(b); 5(3) & 5(4)(a)
Result
Section 3(6) - Opposition dismissed
Section 3(6) - Opposition dismissed
Section 5(2)(b) - Opposition failed
Section 5(2)(b) - Opposition failed
Section 5(3) - Opposition failed
Section 5(3) - Opposition failed
Section 5(4)(a) - Opposition failed
Section 5(4)(a) - Opposition failed
Points Of Interest
- None
Summary
The opposition was based on the opponents’ mark L.O.G.G. No evidence was offered in respect of the Section 3(6) allegation and this was dismissed. The Hearing Officer considered that the similarity between the marks was not such as to give rise to a likelihood of confusion. The Section 5(2)(b) ground failed accordingly, taking the Section 5(3) ground down with it. Under Section 5(4)(a) the Hearing Officer concluded that the opponents had failed to show any misrepresentation or likelihood of damage and since the marks were dissimilar, that ground failed also.