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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> UNITED (Trade Mark: Opposition) [2000] UKIntelP o47900 (22 December 2000)
URL: http://www.bailii.org/uk/cases/UKIntelP/2000/o47900.html
Cite as: [2000] UKIntelP o47900
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UNITED (Trade Mark: Opposition) [2000] UKIntelP o47900 (22 December 2000)
For the whole decision click here: o47900
Trade mark decision
- BL Number
- O/479/00
- Decision date
- 22 December 2000
- Hearing officer
- Mr M Reynolds
- Mark
- UNITED
- Classes
- 32
- Applicant
- Rygrange Limited
- Opponent
- Manchester United Plc
- Opposition
- Sections 3(6); 5(2)(b) & 5(4)(a)
Result
Section 3(6) - Opposition dismissed.
Section 5(2)(b) - Opposition failed.
Section 5(4)(a) - Opposition failed.
Points Of Interest
- 1. Request to widen the attack under Section 3(6)
- 2. Speculations as to the confusion that might be caused by the manner of possible use.
Summary
At the hearing the opponents sought to widen their attack under Section 3(6) to include an allegation of an absence of intention to use. The Hearing Officer rejected this request : no other issue under Section 3(6) was brought forward and that ground was therefore dismissed in its entirety. Under Section 5(2) the Hearing Officer did not find that the marks UNITED and MANCHESTER UNITED would give rise to a likelihood of confusion. The case under Section 5(4)(a) also failed.