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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> THE SUN (Trade Mark: Opposition) [2002] UKIntelP o35502 (27 August 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o35502.html
Cite as: [2002] UKIntelP o35502
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THE SUN (Trade Mark: Opposition) [2002] UKIntelP o35502 (27 August 2002)
For the whole decision click here: o35502
Trade mark decision
- BL Number
- O/355/02
- Decision date
- 27 August 2002
- Hearing officer
- Mr J MacGillivray
- Mark
- THE SUN
- Classes
- 35, 36
- Applicants
- News Group Newspapers Limited
- Opponents
- Sun Microsystems Inc
- Opposition
- Sections 3(6); 5(2)(b); 5(3) & 5(4)(a)
Result
Section 3(6) - Opposition failed.
Section 5(2)(b) - Opposition partially successful.
Section 5(3) - Opposition failed.
Section 5(4)(a) - Opposition failed.
Points Of Interest
- 1. See BL O/354/02
Summary
This was one of three related cases involving the same parties and heard on the same day (see BL O/353/02 and BL O/354/02). The opposition was based on a number of ‘SUN’ marks in the ownership of the opponents.
Under Section 5(2)(b) the Hearing Officer’s review was much the same as in BL O/353/02, q.v., and reached the same conclusions save that in respect of the Class 35 specification he considered that similar services were involved and a likelihood of confusion therefore existed. The opposition under Section 5(2)(b) succeeded therefore in respect of the Class 35 specification.
The Hearing Officer’s other findings were the same as in the other related cases, BL O/353/02 and BL O/354/02, q.v.