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United Kingdom Intellectual Property Office Decisions
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DEVICE ONLY MARK (Trade Mark: Opposition) [2001] UKIntelP o52501 (23 November 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o52501.html
Cite as:
[2001] UKIntelP o52501
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DEVICE ONLY MARK (Trade Mark: Opposition) [2001] UKIntelP o52501 (23 November 2001)
For the whole decision click here: o52501
Trade mark decision
- BL Number
- O/525/01
- Decision date
- 23 November 2001
- Hearing officer
- Mr M Knight
- Mark
- DEVICE ONLY MARK
- Classes
- 33
- Applicants
- UDV North America Inc
- Opponents
- Zakritoe Aktsionernoe Obchtchestvo Zakritogo Tipa "Torgovy" Dom Potomkov Postavchtchika Dvora Ego Imperatorskago Velitschestva P.A. Smirnova
- Opposition
- Sections 3(6); 5(1); 5(2)(b); 5(4)(a) & 56
Result
Section 3(6) - Opposition failed
Section 5(1) Opposition failed
Section 5(2)(b) Opposition failed
Section 5(4)(a) - Opposition failed
Section 56 - Opposition failed
Points Of Interest
-
1. None in this case; but see other BL refs quoted above.
Summary
Note: This was one of five actions, concerning 18 marks involving the same parties and heard over two days. The central and common feature of all these disputes was the marks SMIRNOFF or its equivalent in Cyrillic script.
In regard to the objections under Section 3(6), 5(1), 5(4)(a) and 56 the Hearing Officer applied the same reasoning and reached the same conclusions as in his decision BL O/526/01, q.v. the objections failed accordingly.
Under Section 5(2)(b) he found that whilst the opponents’ mark CMNPHOBA was included within the text of the applicants’ mark, it would in fact be ‘lost’ within the totality of that mark and in consequence they would not be confused. The opposition therefore failed in its entirety.