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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TOD'S (Trade Mark: Opposition) [2000] UKIntelP o35100 (21 September 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o35100.html
Cite as: [2000] UKIntelP o35100
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TOD'S (Trade Mark: Opposition) [2000] UKIntelP o35100 (21 September 2000)
For the whole decision click here: o35100
Trade mark decision
- BL Number
- O/351/00
- Decision date
- 21 September 2000
- Hearing officer
- Dr W J Trott
- Mark
- TOD'S
- Classes
- 25
- Applicant
- EMA Srl
- Opponent
- Pod Trademarks Partnership
- Opposition
- Sections 5(2) & 5(4)(a)
Result
Section 5(2)(b) - Opposition failed
Section 5(4)(a) - Opposition failed
Points Of Interest
- None
Summary
The opponents claimed use of their mark POD from 1997 and they have a number of POD + variations thereon registered. The applicants claimed user from 1985 but much of the supporting documentation was updated.
Under Section 5(2)(b) the Hearing Officer noted that identical goods were at issue and went on to compare the respective marks TOD’S COMPETITION and POD. He decided that the difference in the initial letter of the words TOD’s and POD was significant and that the presence of the word COMPETITION would reduce further the likelihood of confusion.
With regard to Section 5(4)(a) - Passing Off - the Hearing Officer considered that the evidence provided by the opponents was insufficient to justify a finding that they had a protectable goodwill. Even if he had made such a finding the Hearing Officer decided that as he had found the marks not confusingly similar, no misrepresentation would occur.