British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[
Home]
[
Databases]
[
World Law]
[
Multidatabase Search]
[
Help]
[
Feedback]
United Kingdom Intellectual Property Office Decisions
You are here:
BAILII >>
Databases >>
United Kingdom Intellectual Property Office Decisions >>
KAIMANN (Trade Mark: Opposition) [1999] UKIntelP o13699 (19 May 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o13699.html
Cite as:
[1999] UKIntelP o13699
[
New search]
[
Printable PDF version]
[
Help]
KAIMANN (Trade Mark: Opposition) [1999] UKIntelP o13699 (19 May 1999)
For the whole decision click here: o13699
Trade mark decision
- BL Number
- O/136/99
- Decision date
- 19 May 1999
- Hearing officer
- Mr M Foley
- Mark
- KAIMANN
- Classes
- 06, 11, 17, 19, 20
- Applicant
- Wilhelm Kaimann
- Opponent
- La Chemise Lacoste
- Opposition
- Section 3(6); 5(3) & 5(4)(a)
Result
Section 3(6) - opposition failed
Section 3(6) - 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
-
Analysis of 'reputation'.
Summary
The evidence did not support the objection under Section 3(6) and this was dismissed accordingly. Under Section 5(3) the Hearing Officer held that considered "globally" the marks were not similar. The opponents' claim to 'reputation' beyond that centred on their own trade, was not made out, and that ground of objection failed. Under Section 5(4)(a) the Hearing Officer found that there was no link "tenuous or otherwise" between the respective goods.