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United Kingdom Intellectual Property Office Decisions
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FUNDERPANTS (Trade Mark: Opposition) [2001] UKIntelP o34401 (9 August 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o34401.html
Cite as:
[2001] UKIntelP o34401
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FUNDERPANTS (Trade Mark: Opposition) [2001] UKIntelP o34401 (9 August 2001)
For the whole decision click here: o34401
Trade mark decision
- BL Number
- O/344/01
- Decision date
- 9 August 2001
- Hearing officer
- Mr M Knight
- Mark
- FUNDERPANTS
- Classes
- 25
- Applicant
- Milords International Limited
- Opponent
- Canadelle Limited Partnership
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b) - Opposition succeeded
Points Of Interest
Summary
The opponents opposition was based on their ownership of a registration for the marks WUNDERPANTS, WONDAPANTS, WUNDARPANTS (series of 3) registered in Class 25 for identical goods to those claimed by the applicant.
The outcome of the opposition therefore rested on a comparison of the respective marks. While the Hearing Officer noted that there was some visual difference between the respective marks he decided that they were so close aurally that there was a real likelihood of confusion. Opposition succeeded.