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United Kingdom Intellectual Property Office Decisions
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CLIMATE MASTER LTD (Trade Mark: Opposition) [2001] UKIntelP o37901 (28 August 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o37901.html
Cite as:
[2001] UKIntelP o37901
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CLIMATE MASTER LTD (Trade Mark: Opposition) [2001] UKIntelP o37901 (28 August 2001)
For the whole decision click here: o37901
Trade mark decision
- BL Number
- O/379/01
- Decision date
- 28 August 2001
- Hearing officer
- Mr M Reynolds
- Mark
- CLIMATE MASTER LTD
- Classes
- 11
- Applicant
- Climatemaster Ltd
- Opponent
- Climate Master Inc
- Opposition
- Sections 5(2)(b)
Result
Section 5(2)(b): - Opposition successful.
Points Of Interest
Summary
The opposition was based on the opponents’ registration of their mark CLIMATE MASTER in Class 11. The parties had clashed earlier, in proceedings under the 1938 Act in which the roles were reversed and the then applicants (the present opponents) were successful. The application in suit had proceeded to its present stage on the basis of honest concurrent use. The Hearing Officer considered the honest concurrent use, as a ‘relevant’ factor, in some detail but eventually concluded that there was a likelihood of confusion, and the opposition under Section 5(2)(b) succeeded accordingly.