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United Kingdom Intellectual Property Office Decisions
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HORSEBUMS (Trade Mark: Opposition) [1999] UKIntelP o07399 (5 March 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o07399.html
Cite as:
[1999] UKIntelP o07399,
[1999] UKIntelP o7399
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HORSEBUMS (Trade Mark: Opposition) [1999] UKIntelP o07399 (5 March 1999)
For the whole decision click here: o07399
Trade mark decision
- BL Number
- O/073/99
- Decision date
- 5 March 1999
- Hearing officer
- Mr M Foley
- Mark
- HORSEBUMS
- Classes
- 25
- Applicant
- M J Ainge & Co Limited
- Opponent
- B.U.M. International Inc
- Opposition
- Sections 3(3)(b); 3(6); 5(2); 5(3); 5(4) & 56*
Result
Section 5(2)(b) - Opposition failed
Section 5(2)(b) - Opposition failed
Points Of Interest
-
The need for precise statement for an objection under Section 5(4) - noted in WILD CHILD, applies equally to other grounds of opposition, "in the interests of justice and fairness".
Summary
*The opponents based their attack on their registration of "b.u.m. equipment"; they provided no evidence in support of any of their other claims. Consequently, the Hearing Officer dismissed all grounds other than Section 5(2)(b). Under that Section he considered that the marks were not similar, and the opposition failed.