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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> PIN (Trade Mark: Opposition) [2001] UKIntelP o09301 (22 February 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o09301.html
Cite as: [2001] UKIntelP o9301, [2001] UKIntelP o09301

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PIN (Trade Mark: Opposition) [2001] UKIntelP o09301 (22 February 2001)

For the whole decision click here: o09301

Trade mark decision

BL Number
O/093/01
Decision date
22 February 2001
Hearing officer
Mr J MacGillivray
Mark
PIN
Classes
25
Applicant
Gary Frank Dorrington & Phillip Antony Curran
Opponent
Karsten Manufacturing Corporation
Opposition
Sections 5(2)(b), 5(3) & 5(4)(a)

Result

Section 5(2)(b) - Opposition failed

Section 5(3) - Opposition failed

Section 5(4)(a) - Opposition failed

Points Of Interest

  • 1. Simply being reminded of another trade mark with a reputation for dissimilar goods does not necessarily amount to taking an unfair advantage of that mark.

Summary

The opposition was based on the opponents’ PING marks and variations thereof. Inter alia, they contended that the device positioned between the letters P&N formed the word PIN. The Hearing Officer, however, found no likelihood of confusion; this effectively decided the matter under Sections 5(2)(b) and 5(4)(a). Under Section 5(3) he did not consider that simply being reminded of another trade mark with a reputation for dissimilar goods necessarily amounts to taking unfair advantage of the repute of that mark.


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