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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> PULSE 8 (Trade Mark: Opposition) [2001] UKIntelP o25201 (8 June 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o25201.html
Cite as: [2001] UKIntelP o25201
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PULSE 8 (Trade Mark: Opposition) [2001] UKIntelP o25201 (8 June 2001)
For the whole decision click here: o25201
Trade mark decision
- BL Number
- O/252/01
- Decision date
- 8 June 2001
- Hearing officer
- Mr R A Jones
- Mark
- PULSE 8
- Classes
- 25
- Applicant
- B-Line Clothing Limited
- Opponent
- H & M Hennes & Mauritz AB
- Opposition
- Sections 5(2)(b)*
Result
Section 5(2)(b) - Opposition failed
Points Of Interest
- 1. The comparison of marks PULS and device v PULSE 8.
Summary
*(The statement of grounds had included objections under Section 3(6), 5(4) and 56, but as no evidence in support of them had been put forward, the Hearing Officer dismissed these at the outset). The opposition was based on the opponents’ registration of their mark PULS and device in Classes 14, 18 and 25.
Under Section 5(2)(b) (the sole remaining ground) the Hearing Officer concluded that whilst the goods were the same or similar, confusion between the marks was highly unlikely.