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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> PENNY BLACK (Trade Mark: Opposition) [2001] UKIntelP o41501 (25 September 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o41501.html
Cite as: [2001] UKIntelP o41501
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PENNY BLACK (Trade Mark: Opposition) [2001] UKIntelP o41501 (25 September 2001)
For the whole decision click here: o41501
Trade mark decision
- BL Number
- O/415/01
- Decision date
- 25 September 2001
- Hearing officer
- Mr A James
- Mark
- PENNY BLACK
- Classes
- 18
- Applicant
- Mr & Mrs Aldridge
- Opponents
- Max Mara Fashion Group S.r.l.
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b) - Opposition partially successful
Section 5(4)(a) - Opposition partially successful
Points Of Interest
- Comparison of the goods.
Summary
The opposition was based on the opponents' marks PENNYPLUS and PENNYBLACK. The Hearing Officer found no likelihood of confusion in the case of PENNYPLUS; the Section 5(2) ground failed in respect of that mark, therefore. In the case of the PENNYBLACK the Hearing Officer concluded that the Section 5(2) objection should succeed in respect of 'belts' and ‘wallets’ but fail in respect of travel bags, sports bags and bead bags’. Under Section 5(4)(a) the Hearing Officer found that the opponents had no better a case than they had under Section 5(2)(b).