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United Kingdom Intellectual Property Office Decisions
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DEVICE (Trade Mark: Opposition) [2000] UKIntelP o07300 (28 February 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o07300.html
Cite as:
[2000] UKIntelP o7300,
[2000] UKIntelP o07300
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DEVICE (Trade Mark: Opposition) [2000] UKIntelP o07300 (28 February 2000)
For the whole decision click here: o07300
Trade mark decision
- BL Number
- O/073/00
- Decision date
- 28 February 2000
- Hearing officer
- Mr M Foley
- Mark
- DEVICE
- Classes
- 34
- Applicant
- N V Sumatra Tobacco Limited
- Opponent
- Imperial Tobacco
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b) - Opposition failed.
Section 5(4)(a) - Opposition failed.
Points Of Interest
-
Under Section 5(4)(a) the Hearing Officer noted the additional elements incorporated in the opponents' mark, in use, and concluded that their reputation consequently did not reside in the 'get-up' alone.
Summary
It was self-evident that the goods in issue were the same. The matter under Section 5(2)(b) therefore came down to a comparison of marks. The Hearing Officer concluded that if there was any similarity "it must rest in the bands and lines as they are the only elements common to both trade marks". In the event the Hearing Officer found no likelihood of confusion, and the ground under Section 5(2)(b) failed accordingly. Under section 5(4)(a) the opposition also failed.