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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TY -BO (Trade Mark: Opposition) [2002] UKIntelP o31502 (2 August 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o31502.html
Cite as: [2002] UKIntelP o31502
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TY-BO (Trade Mark: Opposition) [2002] UKIntelP o31502 (2 August 2002)
For the whole decision click here: o31502
Trade mark decision
- BL Number
- O/315/02
- Decision date
- 2 August 2002
- Hearing officer
- Mr M Knight
- Mark
- TY-BO
- Classes
- 41
- Applicants
- Mr R St Clair
- Opponents
- NCP Marketing Group Inc
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): - Opposition successful.
Points Of Interest
- 1. Honest concurrent use.
Summary
The opposition was based on the opponents= registrations of TAE-Bo in Classes 9, 18, 25 and 41, in both the UK and the EU.
The Hearing Officer first considered the similarity of the goods/services. The services, he decided were the same, and some of the opponents= goods were similar to the applicant=s services. He went on to compare the marks. He found them similar, such as to give rise to a likelihood of confusion. Although he was not required to do so he considered the applicant=s evidence which might have supported a claim to honest concurrent use. Even considering it as a relevant factor, it did not displace his finding of a likelihood of confusion, he decided.