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United Kingdom Intellectual Property Office Decisions
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LUCENT (Trade Mark: Opposition) [2002] UKIntelP o41102 (14 October 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o41102.html
Cite as:
[2002] UKIntelP o41102
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LUCENT (Trade Mark: Opposition) [2002] UKIntelP o41102 (14 October 2002)
For the whole decision click here: o41102
Trade mark decision
- BL Number
- O/411/02
- Decision date
- 14 October 2002
- Hearing officer
- Mr M Reynolds
- Mark
- LUCENT
- Classes
- 09, 14, 16, 18, 21, 25, 26, 28, 37, 38, 42
- Applicant
- Lucent Technologies Inc
- Opponent
- Lucent Lighting UK Limited
- Opposition
- Sections 5(2)(b); 5(3) & 5(4)(a)
Result
Section 5(2)(b) - Opposition partially successful.
Section 5(3) - Opposition failed.
Section 5(4)(a) - Opposition partially successful.
Points Of Interest
Summary
This was one of three related actions involving the same parties and heard on the same day, based on the opponents’ mark LUCENT and device registered in Class 11. (see BL O/409/02 & BL O/410/02).
As in BL O/410/02, Hearing Officer found a close similarity between the marks, but his findings in respect of the goods/services were the same as in BL O/410/02 qv. Consequently, he found a likelihood of confusion in respect of a small area of services in Class 37 and the opposition under Section 5(2)(b) succeeded to that limited extent.
The outcome of the opposition was therefore the same as in BL O/410/02 q.v.