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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TK PATROL (Trade Mark: Opposition) [2001] UKIntelP o52901 (28 November 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o52901.html
Cite as: [2001] UKIntelP o52901
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TK PATROL (Trade Mark: Opposition) [2001] UKIntelP o52901 (28 November 2001)
For the whole decision click here: o52901
Trade mark decision
- BL Number
- O/529/01
- Decision date
- 28 November 2001
- Hearing officer
- Mr G Rose'Meyer
- Mark
- TK PATROL
- Classes
- 25
- Applicant
- Tony Knight
- Opponent
- Patrol Jeanswear Ltd
- Opposition
- Sections 5(2)(b); 5(3) & 5(4)(a)
Result
Section 5(2)(b) - Opposition successful
Section 5(3) - Opposition dismissed
Section 5(4)(a) - No formal finding
Points Of Interest
- 1. Comparison of the marks TK. PATROL v WORLD PATROL
Summary
The opposition was based on the opponents’ mark WORLD PATROL (another mark was cited but for the purposes of Section 5(2) it was not an “earlier trade mark” as defined in Section 6(1)). Under Section 5(2)(b) the Hearing Officer considered that the defining element in the marks was the word PATROL. Consequently, the addition of the other elements did not affect the matter. A likelihood of confusion existed and the opposition under Section 5(2)(b) succeeded. The other grounds were therefore considered only briefly.