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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> FISHBONE (Trade Mark: Opposition) [2002] UKIntelP o37502 (17 September 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o37502.html
Cite as: [2002] UKIntelP o37502
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FISHBONE (Trade Mark: Opposition) [2002] UKIntelP o37502 (17 September 2002)
For the whole decision click here: o37502
Trade mark decision
- BL Number
- O/375/02
- Decision date
- 17 September 2002
- Hearing officer
- Mr J MacGillivray
- Mark
- FISHBONE
- Classes
- 09
- Applicants
- Ademir Volic
- Opponents
- New Yorker S.H.K. Jeans GmbH
- Opposition
- Section 5(2)(b)* *Section 5(1) was also cited but the Hearing Officer decided that the marks at issue could not be viewed as actually identical.
Result
Section 5(2)(b) - Opposition successful.
Points Of Interest
- None
Summary
The opposition was based on the opponents’ registrations of their mark FISHBONE and FISHBONE and device, in Class 9. Comparing the goods the Hearing Officer found that some of the goods were identical whilst with others (storage containers etc for CD’s or tapes) any similarity was ‘slight’.
However, having compared the marks the Hearing Officer concluded that there was a likelihood of confusion and the Section 5(23)(b) objection succeeded accordingly.