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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TG DARLINGTON THE GALLERY (Trade Mark: Opposition) [2001] UKIntelP o40901 (18 September 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o40901.html
Cite as: [2001] UKIntelP o40901
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TG DARLINGTON THE GALLERY (Trade Mark: Opposition) [2001] UKIntelP o40901 (18 September 2001)
For the whole decision click here: o40901
Trade mark decision
- BL Number
- O/409/01
- Decision date
- 18 September 2001
- Hearing officer
- Mr D Landau
- Mark
- TG DARLINGTON THE GALLERY
- Classes
- 21
- Applicant
- Dartington Crystal Limited
- Opponents
- The Edinburgh Crystal Glass Company Limited
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b) - Opposition failed
Section 5(4)(a) - Opposition failed
Points Of Interest
- None
Summary
The opposition was based on the opponents' mark which consisted of the letter 'g' and the word 'gallery'. Comparing these marks the Hearing Officer concluded that the presence of the word 'gallery' in both of them would not give rise to a likelihood of confusion. The Section 5(2)(b) objection therefore failed. This, together with the fact that the opponents had failed to show that at the relevant date they had established goodwill in the mark meant that the Section 5(4)(a) objection therefore failed also.