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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> DAPA (Trade Mark: Opposition) [2001] UKIntelP o38101 (4 September 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o38101.html
Cite as: [2001] UKIntelP o38101
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DAPA (Trade Mark: Opposition) [2001] UKIntelP o38101 (4 September 2001)
For the whole decision click here: o38101
Trade mark decision
- BL Number
- O/381/01
- Decision date
- 4 September 2001
- Hearing officer
- Mr G Salthouse
- Mark
- DAPA
- Classes
- 18, 25
- Applicant
- Danella Fashion Limited
- Opponent
- Zapa Fashion Group GmbH
- Opposition
- Sections 3(1); 3(3); 3(4); 3(6); 5(2)(b); 5(3) & 5(4)(a)
Result
Section 3 - Opposition failed on all grounds.
Section 5: - Opposition failed on all grounds.
Points Of Interest
- Comparison of marks DAPA v ZAPA
Summary
The opposition was based on the opponents’ mark ZAPA. The Hearing Officer dismissed the grounds under Sections 3(3) and 3(6) since only evidence of relative factors had been filed, and none bearing on bad faith. The Hearing Officer went on to find that DAPA was not so descriptive that the public could not be brought to recognise it as a trade mark, nor was it a term customary in the current language of the trade. The opposition under Sections 3(1) and 3(3) failed accordingly. Under Section 5(2)(b) the Hearing Officer found that all factors considered, there was no realistic likelihood of confusion. This effectively decided the matter under Sections 5(3) and 5(4) also.