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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> K2 (Trade Mark: Opposition) [2002] UKIntelP o23102 (6 June 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o23102.html
Cite as: [2002] UKIntelP o23102
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K2 (Trade Mark: Opposition) [2002] UKIntelP o23102 (6 June 2002)
For the whole decision click here: o23102
Trade mark decision
- BL Number
- O/231/02
- Decision date
- 6 June 2002
- Hearing officer
- Mr M Foley
- Mark
- K2
- Classes
- 18, 25, 28
- Applicants
- K2 Ski Sport + MODE GmbH
- Opponents
- C & J Clark International Limited
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b) - Opposition failed
Section 5(4)(a) - Opposition partially successful
Points Of Interest
- 1. Comparison of the marks: K v K2
Summary
The opponents’ mark consisted of the single letter K, registered in various registrations in Classes 18 and 25. The opponents did not object to the application in Class 28. The Hearing Officer concluded that same or similar goods were involved in the other classes; however, after comparing the marks the Hearing Officer came to the view that there was no likelihood of confusion and the Section 5(2)(b) objection failed accordingly.
Under Section 5(4)(a), however, the Hearing Officer noted that the opponents’ actual use of their mark had been in conjunction with prefixes and suffixes such as K MIDDIES, K SKIPS, K CDX, K PLUS, BIG K, etc and misrepresentation could result, in respect of footwear. He therefore allowed the application to proceed subject to a reduction in the Class 25 specification.