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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> PRACTICK (Trade Mark: Opposition) [2002] UKIntelP o15902 (10 April 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o15902.html
Cite as: [2002] UKIntelP o15902
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PRACTICK (Trade Mark: Opposition) [2002] UKIntelP o15902 (10 April 2002)
For the whole decision click here: o15902
Trade mark decision
- BL Number
- O/159/02
- Decision date
- 10 April 2002
- Hearing officer
- Mr D Landau
- Mark
- PRACTICK
- Classes
- 16, 18, 20, 21, 24, 32, 33, 34
- Applicant
- Practick Limited
- Opponent
- Praktiker Bau-und Heimwerkmärkte AG
- Opposition
- Sections 5(2)(b) & 5(3)
Result
Section 5(2)(b): - Opposition partially successful.
Section 5(3): - Opposition failed.
Points Of Interest
- None
Summary
The opposition was based on the opponents’ registrations of their mark PRAKTIKER, registered in respect of a wide range of goods. The Hearing Officer found that the goods in Classes 9 and 16 of the application were identical with those covered by the opponents’ registrations, and the marks were similar. He therefore found a likelihood of confusion in respect of their goods.
Under Section 5(3), however, he found that the opponents had failed to establish in evidence a reputation in respect of the goods covered by his CTM. That ground therefore failed; neither had the opponents shown that there would be a detriment to the distinctive character of their earlier mark.
In the result, the application was allowed to proceed if limited by the deletion of the goods in Classes 9 and 16.