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United Kingdom Intellectual Property Office Decisions
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PLAST X (Trade Mark: Opposition) [2001] UKIntelP o57101 (19 December 2001)
URL: http://www.bailii.org/uk/cases/UKIntelP/2001/o57101.html
Cite as:
[2001] UKIntelP o57101
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PLAST X (Trade Mark: Opposition) [2001] UKIntelP o57101 (19 December 2001)
For the whole decision click here: o57101
Trade mark decision
- BL Number
- O/571/01
- Decision date
- 19 December 2001
- Hearing officer
- Dr W J Trott
- Mark
- PLAST X
- Classes
- 01, 02, 03
- Applicant
- W David & Sons Limited t/a U-POL
- Opponent
- Akzo Nobel Coating International BV
- Opposition
- Sections 5(2)(b)
Result
Section 5(2)(b) - Opposition failed
Points Of Interest
-
Comparison of the marks:PLAST 'X' not confusable with PLASTOFLEX.
Summary
The opposition was based on the opponents' registration of their mark PLASTOFLEX in Class 2. The Hearing Officer, however, found no likelihood of confusion between these marks. He also took account of 'additional factors' which were not determinative of themselves but reinforced his conclusion. These were:- there was no instances of actual confusion; the goods in the applicants' specification were not "apparently sold to the public at large", but to wholesale distributors.