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United Kingdom Intellectual Property Office Decisions
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CLOSER (Trade Mark: Opposition) [2001] UKIntelP o26501 (19 June 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o26501.html
Cite as:
[2001] UKIntelP o26501
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CLOSER (Trade Mark: Opposition) [2001] UKIntelP o26501 (19 June 2001)
For the whole decision click here: o26501
Trade mark decision
- BL Number
- O/265/01
- Decision date
- 19 June 2001
- Hearing officer
- Dr W J Trott
- Mark
- CLOSER
- Classes
- 25
- Applicant
- Eurodream Limited
- Opponent
- Bellini Warenvertriebsgesellschaft mbH
- Opposition
- Sections 5(2)(b)*
Result
Section 5(2)(b) - Opposition successful
Points Of Interest
Summary
The opposition was based on the registrations and use of the opponents’ mark CLOSED. In view of the paucity of the evidence of use, the Hearing Officer confined his considerations of the matter to Section 5(2)(b)* and did not make a finding under Section 5(4)(a), which had been cited in the statement of grounds. Under Section 5(2)(b) the Hearing Officer found a likelihood of confusion and the opposition succeeded accordingly.