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United Kingdom Intellectual Property Office Decisions
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PUPSTER (Trade Mark: Opposition) [2002] UKIntelP o07502 (15 February 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o07502.html
Cite as:
[2002] UKIntelP o7502,
[2002] UKIntelP o07502
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PUPSTER (Trade Mark: Opposition) [2002] UKIntelP o07502 (15 February 2002)
For the whole decision click here: o07502
Trade mark decision
- BL Number
- O/075/02
- Decision date
- 15 February 2002
- Hearing officer
- Mr S P Rowan
- Mark
- PUPSTER
- Classes
- 03, 06, 09, 16, 18, 20, 21, 24, 25, 26, 28, 31, 32
- Applicants
- Sarah Spencer Limited
- Opponents
- Pap Star Vertreibsgesellschaft MbH Co KG
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b) - Opposition partially succesful
Section 5(4)(a) - Opposition failed
Points Of Interest
-
Comparison of the marks PUPSTER v PAPSTAR
Summary
The opposition was based on the opponents’ registrations and use of their mark PAPSTAR. The Hearing Officer compared the marks and the goods according to the established authorities and concluded that the marks were similar and their existed a likelihood of confusion in respect of some of the goods. He allowed the application to proceed subject to appropriate amendment of the specification. The opponents had not established their case under Section 5(4)(a), however.