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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> POWERED BY COWS (Trade Mark: Opposition) [2001] UKIntelP o47301 (30 October 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o47301.html
Cite as: [2001] UKIntelP o47301
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POWERED BY COWS (Trade Mark: Opposition) [2001] UKIntelP o47301 (30 October 2001)
For the whole decision click here: o47301
Trade mark decision
- BL Number
- O/473/01
- Decision date
- 30 October 2001
- Hearing officer
- Mr J MacGillivray
- Mark
- POWERED BY COWS
- Classes
- 09
- Applicants
- Surfnet Online Ltd
- Opponents
- Tucows Com Inc
- Opposition
- Sections 3(6); 5(2)(b) & 5(4)(a)
Result
Section 3(6) - Opposition failed
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 TUCOWS. After comparing the marks the Hearing Officer found no likelihood of confusion and the opposition under Section 5(2)(b) failed accordingly. Under Section 5(4)(a) the Hearing Officer concluded that the opponents had not demonstrated a reputation or goodwill in the UK at the relevant date; also, he had already found that the marks were not confusable. The Section 3(6) objection was mere assertion, no proof having been provided.