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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TRAVELLING FREESTYLE (Trade Mark: Opposition) [2001] UKIntelP o18501 (19 April 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o18501.html
Cite as: [2001] UKIntelP o18501
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TRAVELLING FREESTYLE (Trade Mark: Opposition) [2001] UKIntelP o18501 (19 April 2001)
For the whole decision click here: o18501
Trade mark decision
- BL Number
- O/185/01
- Decision date
- 19 April 2001
- Hearing officer
- Mr R A Jones
- Mark
- TRAVELLING FREESTYLE
- Classes
- 39
- Applicant
- Flightbookers PLC
- Opponent
- Thomson Holidays Limited
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b) - Opposition successful.
Points Of Interest
- 1. Honest concurrent use
- 2. Normal and fair use
Summary
The opposition was based on the opponents use and registrations of various marks consisting of or incorporating the word FREESTYLE. The application had been published for opposition purposes on the basis of distinctiveness acquired through use, and honest concurrent use. Confirming that honest concurrent use was not a defence but a factor to be taken into account, the Hearing Officer found a likelihood of confusion and the opposition succeeded accordingly.