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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> 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.


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