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United Kingdom Intellectual Property Office Decisions
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ASIA MILES (Trade Mark: Opposition) [2001] UKIntelP o56301 (12 December 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o56301.html
Cite as:
[2001] UKIntelP o56301
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ASIA MILES (Trade Mark: Opposition) [2001] UKIntelP o56301 (12 December 2001)
For the whole decision click here: o56301
Trade mark decision
- BL Number
- O/563/01
- Decision date
- 12 December 2001
- Hearing officer
- Mr G Rose'Meyer
- Mark
- ASIA MILES
- Classes
- 16, 39, 42
- Applicant
- Cathay Pacific Airways Limited
- Opponent
- Air Miles Travel Promotions Limited
- Opposition
- Section 5(2)(b)* *The opposition also cited Sections 3(6), 5(3) and 5(4)(a) but these were dismissed at the outset for lack of relevant evidence.
Result
Section 3(6) - Opposition failed
Section 5(2)(b) - Opposition failed
Points Of Interest
-
1. Comparison of the marks ASIA MILES & device v AIR MILES; FERRY MILES (BL O/172/99) cites and followed.
Summary
The opposition was based on several registrations but it was agreed that their best case was founded on their registration of AIR MILES in Classes 16, 18, 25 & 35. The Hearing Officer did not find a likelihood of confusion; in particular he followed the findings of a Hearing Officer in relation to the words FERRY MILES in an earlier opposition. The Section 5(2)(b) objection failed accordingly