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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> PROTECTOES (Trade Mark: Opposition) [2001] UKIntelP o30901 (17 July 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o30901.html
Cite as: [2001] UKIntelP o30901
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PROTECTOES (Trade Mark: Opposition) [2001] UKIntelP o30901 (17 July 2001)
For the whole decision click here: o30901
Trade mark decision
- BL Number
- O/309/01
- Decision date
- 17 July 2001
- Hearing officer
- Mr J MacGillivray
- Mark
- PROTECTOES
- Classes
- 09, 25
- Applicant
- Terence Ball
- Opponent
- Totectors Limited
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b): - Opposition failed.
Section 5(4)(a): - Opposition failed.
Points Of Interest
- The comparison of the marks PROTECTORS v TOETECTORS
Summary
The opposition was based on the opponents’ use and registrations of their mark TOTECTORS in classes 9 and 25. It was agreed that the same or similar goods were involved. The matter therefore came down, essentially, to a comparison of marks in which, under Section 5(2) and 5(4), the Hearing Officer found in favour of the applicant.