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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> RED -X (Trade Mark: Opposition) [2002] UKIntelP o08102 (13 February 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o08102.html
Cite as: [2002] UKIntelP o08102, [2002] UKIntelP o8102
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RED-X (Trade Mark: Opposition) [2002] UKIntelP o08102 (13 February 2002)
For the whole decision click here: o08102
Trade mark decision
- BL Number
- O/081/02
- Decision date
- 13 February 2002
- Hearing officer
- Mr S P Rowan
- Mark
- RED-X
- Classes
- 32, 33
- Applicants
- Crystal Drinks Limited
- Opponents
- Red Bull GmbH
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b) - Opposition failed
Section 5(4)(a) - Opposition failed
Points Of Interest
- Comparison of the marks RED-X v RED BULL and RED v RED-X
Summary
The opponents based their opposition on their marks RED and RED BULL, and sought the exclusion of "energy/alertness drinks" from the applicants’ specification. Dealing with the matter first under Section 5(2)(b), the Hearing Officer noted that the goods were identical/similar and the opponents’ mark (RED BULL) was highly distinctive. However, he found no likelihood of confusion between the marks (RED-X and RED BULL)and went on to consider the matter of the opponents’ mark RED, pending before OHIM, and constituting an earlier trade mark by reason of its filing date. Here he felt that the evidence did not give the word RED anything other than a weak claim to a distinctive character. He went on to compare the marks, and remarked that "where short marks are concerned, particularly short marks that consist of or contain elements that are weakly distinctive in themselves, small differences may suffice to avoid a finding of likelihood of confusion".