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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> EUROGUARD (Trade Mark: Opposition) [2000] UKIntelP o07100 (25 February 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o07100.html
Cite as: [2000] UKIntelP o07100, [2000] UKIntelP o7100
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EUROGUARD (Trade Mark: Opposition) [2000] UKIntelP o07100 (25 February 2000)
For the whole decision click here: o07100
Trade mark decision
- BL Number
- O/071/00
- Decision date
- 25 February 2000
- Hearing officer
- Mr M Foley
- Mark
- EUROGUARD
- Classes
- 06
- Applicants
- Guardian Security Group Limited
- Opponents
- Group 4 Total Security Limited
- Opposition
- Sections 3(6); 5(2) & 5(4)(a)
Result
Section 3(6) - Opposition failed
Section 5(2) - Opposition successful
Section 5(4)(a) - Opposition successful
Points Of Interest
- 1. Successful opposition under Section 5(4)(a).
- 2. Award of costs in respect of preliminary hearing.
Summary
The opponents were proprietors of a registration of the mark EUROGUARD in Class 42, in respect of various detective and surveillance services. The question to be resolved therefore was whether these were similar to the safes, cash boxes etc specified in the application. The Hearing Officer concluded that there was a likelihood of confusion and the opposition under Section 5(2) succeeded accordingly. The Section 5(3) ground was dismissed. The opposition under Section 5(4)(a) succeeded but no case of bad faith, Section 3(6), was established.