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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> INVESCO DEVICE (Trade Mark: Opposition) [1999] UKIntelP o43699 (10 December 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o43699.html
Cite as: [1999] UKIntelP o43699
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INVESCO DEVICE (Trade Mark: Opposition) [1999] UKIntelP o43699 (10 December 1999)
For the whole decision click here: o43699
Trade mark decision
- BL Number
- O/436/99
- Decision date
- 10 December 1999
- Hearing officer
- Mr M Reynolds
- Mark
- INVESCO & DEVICE
- Classes
- 36
- Applicants
- Amvescap Plc
- Opponents
- Investcorp SA.
- Opposition
- Sections 5(2)(b), 5(3) and 3(6)
Result
Section 5(2)(b) - Opposition failed.
Section 5(3) - Not relevant as same services at issue.
Section 3(6) - "Intention to use claim" permissible in view of applicants trading history.
Points Of Interest
- 1. Cross Reference 0/406/99 where the opposition proceedings between these parties related to the mark INVESCO The Global Investment Manager.
Summary
Opponents opposition based on registration of the mark INVESTCORP. The applicants have used their INVESCO & circular device mark and have a reputation in that mark. That mark is also registered under 1542665. The Hearing Officer decided under Section 5(2)(b) that while INVESCO and INVESTCORP are confusingly similar, the presence of the circular device, the descriptive wording and the prior valid registration must also be taken into account. Bearing these factors in mind he concluded there was unlikely to be any confusion on the part of the public. The opposition therefore failed.