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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> PLAYER/PLAYERS (Trade Mark: Opposition) [1999] UKIntelP o33199 (22 September 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o33199.html
Cite as: [1999] UKIntelP o33199
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PLAYER/PLAYERS (Trade Mark: Opposition) [1999] UKIntelP o33199 (22 September 1999)
For the whole decision click here: o33199
Trade mark decision
- BL Number
- O/331/99
- Decision date
- 22 September 1999
- Hearing officer
- Dr W J Trott
- Mark
- PLAYER/PLAYERS
- Classes
- 33
- Applicants
- Halewood International Limited
- Opponents
- Imperial Tobacco Limited
- Opposition
- Section 5(2)(b), 5(3), 5(4)(a) and 3(3)
Result
5(2)(b) - opposition failed as marks not confusingly similar. (Registered mark JSP John Player Special)
5(3) - opposition failed - case not made out even through respective marks identical
5(4)(a) - opposition failed in view of finding under 5(2)(b) and 5(3)
Points Of Interest
- 1. To succeed under Section 5(3) an opponent must file evidence to support allegations that the mark applied for will take unfair advantage of or be detrimental to the continued use of their mark.
Summary
Opponents opposition based on registration of JSP John Players Special for alcoholic goods in Class 33 and on registrations in Class 34 for the mark PLAYERS. In relation to 5(2)(b) the H/O decided that the respective marks in Class 33 were not confusingly similar.
In dealing with 5(3) where the marks at issue are identical, the H/O concluded that the opponents had not established that the new mark would take unfair advantage of or be detrimental to the continued use of their mark. The fact that PLAYER/PLAYERS is a dictionary word with a well known meaning was taken into account by the H/O.