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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> W GOLDLINE (Trade Mark: Opposition) [1999] UKIntelP o12099 (26 April 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o12099.html
Cite as: [1999] UKIntelP o12099
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W GOLDLINE (Trade Mark: Opposition) [1999] UKIntelP o12099 (26 April 1999)
For the whole decision click here: o12099
Trade mark decision
- BL Number
- O/120/99
- Decision date
- 26 April 1999
- Hearing officer
- Dr W J Trott
- Mark
- W GOLDLINE
- Classes
- 19
- Applicant
- Whiteline Windows Limited
- Opponent
- Brügmann Frisoplast GmbH
- Opposition
- Sections 3(6); 5(2)(b); 5(4)(a)
Result
Section 3(6) - Opposition failed
Section 3(6) - Opposition failed
Section 5(2)(b) - Opposition failed
Section 5(2)(b) - Opposition failed
Section 5(4)(a) - Opposition successful
Section 5(4)(a) - Opposition successful
Points Of Interest
- 1. A successful opposition under Section 5(4)(a).
Summary
The opposition was based on the opponents’ own mark which included the words ‘GOLDEN LINE’ (in script). Under Section 5(2) the Hearing Officer concluded that the ‘strong device’ elements made confusion, including association, unlikely. Under Section 5(4)(a), however, the Hearing Officer concluded that there would be confusion leading to damage to the opponents’ goodwill. There was nothing to justify an objection under Section 3(6), however.