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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> BLUPARC (Trade Mark: Opposition) [2002] UKIntelP o27102 (10 July 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o27102.html
Cite as: [2002] UKIntelP o27102
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BLUPARC (Trade Mark: Opposition) [2002] UKIntelP o27102 (10 July 2002)
For the whole decision click here: o27102
Trade mark decision
- BL Number
- O/271/02
- Decision date
- 10 July 2002
- Hearing officer
- Mr J MacGillivray
- Mark
- BLUPARC
- Classes
- 09, 42
- Applicants
- bluparc Limited
- Opponents
- BlueArc Corporation
- Opposition
- Sections 3(6) & 5(2)(b)
Result
Section 3(6): - No finding.
Section 5(2)(b): - Opposition successful.
Points Of Interest
- 1. Comparison of the marks BLUE ARC v BLUPARC.
Summary
The opposition was based on the opponents’ registrations of BLUE ARC, in classes 9, 15, 16 and 37
Under Section 5(2)(b), the Hearing Officer found that the same or similar goods and services were involved, and the overall similarities in the marks gave rise to a likelihood of confusion. The opposition under that section succeeded accordingly. The Hearing Officer made no finding under Section 3(6).