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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> 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.


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