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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> BENETTON FORMULA 1 RACING TEAM (Trade Mark: Invalidity) [2002] UKIntelP o30502 (30 July 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o30502.html
Cite as: [2002] UKIntelP o30502
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BENETTON FORMULA 1 RACING TEAM (Trade Mark: Invalidity) [2002] UKIntelP o30502 (30 July 2002)
For the whole decision click here: o30502
Trade mark decision
- BL Number
- O/305/02
- Decision date
- 30 July 2002
- Hearing officer
- Mr M Reynolds
- Mark
- BENETTON FORMULA 1 RACING TEAM
- Classes
- 03, 08, 09, 11, 12, 14, 16, 18, 20, 21, 24, 25, 27
- Registered Proprietor
- Bennetton Group SpA
- Applicants for Declaration of Invalidity
- Carsten Sports Limited
- Application for Invalidation
- Section 47(2)(a) (Section 5(2)(b)).
Result
Application for invalidation, Section 47(2)(a) (Section 5(2)(b), failed.
Points Of Interest
- 1. Comparison of the marks : FORMULA 1 v BENNETTON FORMULA 1 RACING TEAM & device.
Summary
The opposition was based on the opponents’ registration (in Class 28) and use of the mark FORMULA 1; they opposed registration in respect of some of the proprietor’s specified goods.
Under Section 5(2)(b) the Hearing Officer first addressed the matter of the distinctiveness of the applicants’ mark. In this he decided that the applicants’ mark had an average (but not enhanced) degree of distinctive character.
Addressing the matter of the similarity of the marks, he decided, overall, they were different in character.
On the question of the similarity of the disputed goods, he decided there was similarity, but in view of his findings in respect of the marks he decided there was no likelihood of confusion. The application for invalidation failed accordingly.