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United Kingdom Intellectual Property Office Decisions
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SILVER SURFER (Trade Mark: Opposition) [2001] UKIntelP o21301 (2 May 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o21301.html
Cite as:
[2001] UKIntelP o21301
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SILVER SURFER (Trade Mark: Opposition) [2001] UKIntelP o21301 (2 May 2001)
For the whole decision click here: o21301
Trade mark decision
- BL Number
- O/213/01
- Decision date
- 2 May 2001
- Hearing officer
- Mr M Reynolds
- Mark
- SILVER SURFER
- Classes
- 25, 28
- Applicant
- silversurfer.uk.ltd
- Opponent
- Marvel Characters Inc
- Opposition
- Section 5(1)
Result
Section 5(1) - Opposition successful
Points Of Interest
Summary
The opposition was principally founded on the opponents’ earlier CTM application for registration of their mark SILVER SURFER in classes 9, 16, 25 and 28. (At the time the CTM application was made, the UK Registry was not able to search earlier CTMs. The marks being identical and the goods the same, the Hearing Officer found the opposition successful under Section 5(1).