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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> LOADED (Trade Mark: Opposition) [2001] UKIntelP o35201 (14 August 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o35201.html
Cite as: [2001] UKIntelP o35201
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LOADED (Trade Mark: Opposition) [2001] UKIntelP o35201 (14 August 2001)
For the whole decision click here: o35201
Trade mark decision
- BL Number
- O/352/01
- Decision date
- 14 August 2001
- Hearing officer
- Mr M Foley
- Mark
- LOADED
- Classes
- 09
- Applicant
- IPC Magazines Limited
- Opponent
- Loaded Records Limited
- Opposition
- Section 5(4)(a)
Result
Section 5(4)(a) - opposition partially successful
Points Of Interest
- The opponents appealed this decision to the Appointed Person. In her decision dated 22 April 2002 (O/191/02) the Appointed Person upheld the Hearing Officer’s decision.
Summary
The opponents filed evidence to show that they had used the mark LOADED in relation to recorded discs and CD's (Compact discs) from 1990 and this was some four years before the applicants commenced to use the mark LOADED in relation to magazines and some five years before this application was filed. The Hearing Officer accepted that the evidence filed by the opponents established that there had been significant use by the opponents of their mark LOADED and that they had a reputation and goodwill in their mark. As the marks and goods were essentially identical it followed that there was a real risk of misrepresentation. Opposition successful.
However, the application also covered other goods not in conflict and if the application was restricted it could proceed in respect of such goods.