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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> LANDROVER OWNER INTERNATIONAL (Trade Mark: Opposition) [2001] UKIntelP o05901 (2 February 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o05901.html
Cite as: [2001] UKIntelP o05901, [2001] UKIntelP o5901
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LANDROVER OWNER INTERNATIONAL (Trade Mark: Opposition) [2001] UKIntelP o05901 (2 February 2001)
For the whole decision click here: o05901
Trade mark decision
- BL Number
- O/059/01
- Decision date
- 2 February 2001
- Hearing officer
- Mr C Bowen
- Mark
- LANDROVER OWNER INTERNATIONAL
- Classes
- 16
- Applicant
- EMAP National Publications Ltd
- Opponent
- Rover Group Limited
- Opposition
- Sections 1(1); 3(1); 3(3); 3(6); 5(2); 5(3); 5(4)(a) & 6(1)(c)
Result
Section 3(1) - Opposition dismissed
Section 3(3) - Opposition dismissed
Section 3(6) - Opposition dismissed
Section 6(1) - Opposition dismissed
Section 5(2)(b) - Opposition failed
Section 5(3) - Opposition failed
Section 5(4) - Opposition failed
Points Of Interest
- 1. Honest concurrent use
Summary
At the outset the Hearing Officer found the attack under Sections 1(1), 3(1); 3(3); 3(6) and 6(1)(c) as either misconceived or under particularised and dismissed them accordingly. Under Section 5(2)(b) the Hearing Officer found both the marks and the goods to be the same or similar but from the evidence of honest concurrent use concluded that there was no likelihood of confusion. The evidence of use likewise showed that detriment was unlikely. The opposition under Section 5(2), 5(3) and 5(4) failed accordingly.