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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MINERVA (Trade Mark: Opposition) [1999] UKIntelP o40199 (15 November 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o40199.html
Cite as: [1999] UKIntelP o40199
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MINERVA (Trade Mark: Opposition) [1999] UKIntelP o40199 (15 November 1999)
For the whole decision click here: o40199
Trade mark decision
- BL Number
- O/401/99
- Decision date
- 15 November 1999
- Hearing officer
- Mr M Knight
- Mark
- MINERVA
- Classes
- 16, 41
- Applicants
- Reed International Books Ltd
- Opponents
- Pomaco Ltd
- Opposition
- Section 3(1)(a), 5(1), 5(2)(a) and (b)
Result
Section 3(1)(a) - not pursued Section 5(1) - opposition successful Sections 5(2)(a) and (b) - opposition successful
Points Of Interest
- 1. Printed matter - what is covered by this term
- 2. Books - what constitutes a book
- 3. See also SRIS O/402/99
Summary
The opponents opposition was based on their registered mark MINERVA and use of that mark in relation, inter alia, to paper and cardboard articles in book form. The Hearing Officer decided in the associated proceedings O/402/99 that the opponents use amounted to use on books which are the same or similar goods to those for which the applicant has applied. As the marks are identical the opponents succeeded under 5(1) in relation to the Class 9 application. As the opponents' goods are likely to be associated with the services applied for by the applicants, the opponents succeeded under Section 5(2)(b).