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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> DEVICE ONLY MARK (Trade Mark: Opposition) [2001] UKIntelP o48901 (6 November 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o48901.html
Cite as: [2001] UKIntelP o48901
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DEVICE ONLY MARK (Trade Mark: Opposition) [2001] UKIntelP o48901 (6 November 2001)
For the whole decision click here: o48901
Trade mark decision
- BL Number
- O/489/01
- Decision date
- 6 November 2001
- Hearing officer
- Mr G Salthouse
- Mark
- DEVICE ONLY MARK
- Classes
- 29, 39
- Applicant
- Robert Wiseman & Sons Limited
- Opponent
- Ferrero SpA & Soremartec SA
- Opposition
- Sections 3(1) & 5(2)(b)*
Result
Section 3(1) - Opposition failed.
Section 5(2)(b) - Opposition failed.
Points Of Interest
- Costs: Opposition was not frivolous or vexatious but "there was a lack of care in the evidence provided by the opponents".
Summary
The opposition was based on a number of marks which the opponents claimed were similar to the marks applied for. The Hearing Officer however considered that the mark applied for was not devoid of distinctive character and was not likely to give rise to a likelihood of confusion.