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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> THAI ELEPHANT (Trade Mark: Opposition) [2001] UKIntelP o45701 (17 October 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o45701.html
Cite as: [2001] UKIntelP o45701
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THAI ELEPHANT (Trade Mark: Opposition) [2001] UKIntelP o45701 (17 October 2001)
For the whole decision click here: o45701
Trade mark decision
- BL Number
- O/457/01
- Decision date
- 17 October 2001
- Hearing officer
- Mr D Landau
- Mark
- THAI ELEPHANT
- Classes
- 42
- Applicant
- Wing Chung
- Opponents
- NV Toprank Corporation
- Opposition
- Sections 5(2)(b); 5(3) & 5(4)(a)
Result
Section 5(2)(b) - Opposition failed
Section 5(3) - Opposition failed
Section 5(4)(a) - Opposition failed
Points Of Interest
- Comparison of the marks BLUE ELEPHANT and device v THAI ELEPHANT
Summary
The opposition was based on the opponents’ mark BLUE ELEPHANT and the device of an elephant. The Hearing Officer found that the opponents had not established that their mark enjoyed reputation, recognition or goodwill. He went on to find that in respect of one of the opponents’ registrations identical services were involved. Comparing the marks, however, he found that they were not similar, and there was no likelihood of confusion. The Section 5(2)(b) objection therefore failed. In view of the lack of a proven reputation in the opponents’ marks the Section 5(3) objection failed also, as did the objection based on Section 5(4)(a). A Section 3(6) objection was dismissed as no evidence in support of it had been put forward.