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United Kingdom Intellectual Property Office Decisions
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AST (Trade Mark: Opposition) [2001] UKIntelP o25901 (14 June 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o25901.html
Cite as:
[2001] UKIntelP o25901
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AST (Trade Mark: Opposition) [2001] UKIntelP o25901 (14 June 2001)
For the whole decision click here: o25901
Trade mark decision
- BL Number
- O/259/01
- Decision date
- 14 June 2001
- Hearing officer
- Mr G Salthouse
- Mark
- AST
- Classes
- 09
- Applicant
- Aladdin Knowledge Systems Limited
- Opponent
- Acer Incorporated
- Opposition
- Sections 3(1); 3(3); 3(6); 5(2)(b) & 5(4)(a)
Result
Section 3(1) - Opposition failed
Section 3(3) - Opposition failed
Section 3(6) - Opposition dismissed
Section 5(2)(b) - Opposition failed
Points Of Interest
-
1. Comparision of the mark ASE v ACER
Summary
The opposition was based on the opponents’ use and registrations of their mark ACER. The Hearing Officer found no objection to the mark under Section 3(1) or 3(3), and he noted that no evidence had been filed in support of the allegation under Section 3(6). These grounds failed accordingly. Under Section 5(2) he found that the differences between the marks outweighed the "superficial similarities" and the opposition under that Section therefore failed. The opposition under Section 5(4)(a) also failed, as no misrepresentation was involved.