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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> KCK CO (Trade Mark: Opposition) [2001] UKIntelP o42101 (25 September 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o42101.html
Cite as: [2001] UKIntelP o42101
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KCK CO (Trade Mark: Opposition) [2001] UKIntelP o42101 (25 September 2001)
For the whole decision click here: o42101
Trade mark decision
- BL Number
- O/421/01
- Decision date
- 25 September 2001
- Hearing officer
- Mr D Landau
- Mark
- KCK & CO
- Classes
- 25
- Applicant
- Courtesy Shoes Limited
- Opponents
- C & J Clark International 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
- The nature of the opponents mark, bearing a letter of the alphabet "is such that its penumbra of protection cannot be overly wide. (The opponent) cannot monopolise a letter of the alphabet in all circumstances".
Summary
The opposition was based on the opponents' mark the letter 'K', registered in Class 25. As a preliminary matter the Hearing Officer dismissed the opponents' claim of protection under the Paris Convention, as they had not shown that their firm was a national of a Convention county. Under Section 5(2)(b) the Hearing Officer found that the respective goods were identical or similar but that the respective marks were not similar and no likelihood of confusion arose; the Section 5(2) ground of opposition failed accordingly. This effectively decided the matter under Section 5(4)(a) also.