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United Kingdom Intellectual Property Office Decisions
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EXPERT SOFTWARE (Trade Mark: Opposition) [2001] UKIntelP o53501 (4 December 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o53501.html
Cite as:
[2001] UKIntelP o53501
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EXPERT SOFTWARE (Trade Mark: Opposition) [2001] UKIntelP o53501 (4 December 2001)
For the whole decision click here: o53501
Trade mark decision
- BL Number
- O/535/01
- Decision date
- 4 December 2001
- Hearing officer
- Mr M Foley
- Mark
- EXPERT SOFTWARE
- Classes
- 09
- Applicant
- Expert Software Inc
- Opponent
- Transworld Publishers Limited
- Opposition
- Sections 3(1)(b); 3(1)(c); 3(1)(d); 5(2)(b) & 5(4)(a)
Result
Section 3(1)(b) - Opposition successful
Section 3(1)(c) - Opposition successful
Section 3(1)(d) - Opposition failed
Section 5(2)(b) - Opposition partially successful
Section 5(4)(a) - No formal finding
Points Of Interest
-
1. "Reference books related to gardening, plants and home making should be regarded as similar goods to computer software of the same ilk for household use"
Summary
The opponents sought a reduction in the specification of goods, in the light of their registration of EXPERT in Class 16. The Hearing Officer found that the mark applied for offended against the provisions of Section 3(1)(c) and must be refused. He went on to consider the matter under Section 5(2)(b), where he found a likelihood of confusion, but only in respect of "computer softwarerelating to gardening and lifestyle". He made no formal finding under Section 5(4)(a).