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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> REAL (Trade Mark: Opposition) [2001] UKIntelP o37301 (23 August 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o37301.html
Cite as: [2001] UKIntelP o37301
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REAL (Trade Mark: Opposition) [2001] UKIntelP o37301 (23 August 2001)
For the whole decision click here: o37301
Trade mark decision
- BL Number
- O/373/01
- Decision date
- 23 August 2001
- Hearing officer
- Mr M Reynolds
- Mark
- REAL
- Classes
- 25
- Applicant
- Halfords Limited
- Opponent
- Real SB - Warenhaus Holding GmbH
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): - Opposition successful (provisionally).
Points Of Interest
- The word ‘real’ was the dominant feature of the mark; colour and device differences notwithstanding.
Summary
The opposition was based on the opponents’ earlier CTM applications which, if registered, would be an ‘earlier trade mark’ by virtue of the provisions of Section 6(2); their mark consisted of the word REAL in lower case and a terminal device, a stylised letter ‘r’. The goods were identical and the matter therefore turned on the comparison of the marks. The Hearing Officer concluded that the matter came squarely within the CANON test and he felt able to distinguish this from the PLANET v PLANET NEW YORK and device case, q.v., on the basis of the different messages conveyed by the words in that case. He found a likelihood of confusion and therefore found for the opponents, provisionally, subject to their CTM application’s proceeding to registration.