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United Kingdom Intellectual Property Office Decisions
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GT NET (Trade Mark: Opposition) [2001] UKIntelP o44901 (19 September 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o44901.html
Cite as:
[2001] UKIntelP o44901
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GT NET (Trade Mark: Opposition) [2001] UKIntelP o44901 (19 September 2001)
For the whole decision click here: o44901
Trade mark decision
- BL Number
- O/449/01
- Decision date
- 19 September 2001
- Hearing officer
- Mr S Thorley QC
- Mark
- GT NET
- Classes
- 38, 42
- Applicant
- Minister for Civil Service
- Opponent
- Deutsche Telekom AG
- Opposition
- Section 5(2)(b)
Result
Appeal dismissed. - Opposition failed.
Points Of Interest
-
This was an appeal from the Hearing Officer’s decision dated 25 January 2001 (BL O/038/01).
Summary
The opponent appealed on the basis that the Hearing Officer had misdirected himself as to public awareness of the word NET as at the date of application (1996); that he had taken insufficient account of the fact that TNET was an invented word; that he had not compared the respective marks as wholes and that he had taken insufficient account of the fact that identical services were at issue. The Appointed Person dismissed all these submissions and upheld the Hearing Officer’s decision that the applicant’s marks GTNET were not confusingly similar to the opponent’s TNET.