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United Kingdom Intellectual Property Office Decisions
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DEVICE ONLY MARK (Trade Mark: Opposition) [2001] UKIntelP o53901 (3 December 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o53901.html
Cite as:
[2001] UKIntelP o53901
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DEVICE ONLY MARK (Trade Mark: Opposition) [2001] UKIntelP o53901 (3 December 2001)
For the whole decision click here: o53901
Trade mark decision
- BL Number
- O/539/01
- Decision date
- 3 December 2001
- Hearing officer
- Mr M Foley
- Mark
- DEVICE ONLY MARK
- Classes
- 03, 18, 25
- Applicant
- Ricon-Ribeirao Confeccoes Texteis LDA
- Opponent
- The Football Association Premier League Limited
- 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
-
1. The comparison of the lion device marks
Summary
The opposition was based on the opponents’ registrations of the device of a lion, crowned and with a football under his paw. Taking the global view, however, the Hearing Officer did not consider that there was a likelihood of confusion. The Section 5(2)(b) failed accordingly. The Section 5(4)(a) objection failed also, and the Section 3(6) failed for lack of sufficient evidence.