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United Kingdom Intellectual Property Office Decisions
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ACTIVE SPORT (Trade Mark: Opposition) [2000] UKIntelP o06900 (24 February 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o06900.html
Cite as:
[2000] UKIntelP o06900,
[2000] UKIntelP o6900
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ACTIVE SPORT (Trade Mark: Opposition) [2000] UKIntelP o06900 (24 February 2000)
For the whole decision click here: o06900
Trade mark decision
- BL Number
- O/069/00
- Decision date
- 24 February 2000
- Hearing officer
- Mr M Reynolds
- Mark
- ACTIVE SPORT
- Classes
- 25
- Applicants
- Bains & Sons Huff & Puff Clothing Co
- Opponents
- Umbro Europe Ltd
- Opposition
- Sections 3(3)(b); 3(4); 3(6); 5(2) & 5(4)(a)
Result
Section 3 - All grounds dismissed
Section 5(2) - Opposition failed
Section 5(4) - Opposition failed
Points Of Interest
-
1. The Hearing Officer confined his considerations to the mark as applied for, and not some "potentially bridging mark" shown by the evidence to be in use by the applicants.
Summary
The opposition was based on the similarity of the device element of the mark (essentially a diamond shape). The Hearing Officer considered that all the absolute grounds under Section 3 were misconceived or insufficiently particularised, and he dismissed them all. Under Section 5(2)(b) the Hearing Officer concluded that there was no likelihood of confusion. Under Section 5(4)(a) the Hearing Officer’s view was that use of the applicants’ mark would not involve misrepresentation or damage.