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United Kingdom Intellectual Property Office Decisions
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DIGIT (Trade Mark: Opposition) [2001] UKIntelP o28301 (29 June 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o28301.html
Cite as:
[2001] UKIntelP o28301
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DIGIT (Trade Mark: Opposition) [2001] UKIntelP o28301 (29 June 2001)
For the whole decision click here: o28301
Trade mark decision
- BL Number
- O/283/01
- Decision date
- 29 June 2001
- Hearing officer
- Mr S P Rowan
- Mark
- DIGIT
- Classes
- 16
- Applicant
- IDG Communications Limited
- Opponent
- Deutsche Telekom AG
- Opposition
- Sections 5(1); 5(2)(a) & 5(2)(b)
Result
Section 5(1) - Opposition failed
Section 5(2)(a) - Opposition failed
Section 5(2)(b) - Opposition successful
Points Of Interest
-
1. Notional and fair use could include use in lower case, upper case or a combination of the two.
-
2. Identicality of marks.
Summary
The opposition was based on the opponents’ registrations of their mark "digits". The Hearing Officer found that the marks were not identical and therefore considered the matter under Section 5(2)(b); under which he found a likelihood of confusion and the opposition succeeded accordingly.