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United Kingdom Intellectual Property Office Decisions
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STORM (Trade Mark: Opposition) [2002] UKIntelP o41502 (14 October 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o41502.html
Cite as:
[2002] UKIntelP o41502
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STORM (Trade Mark: Opposition) [2002] UKIntelP o41502 (14 October 2002)
For the whole decision click here: o41502
Trade mark decision
- BL Number
- O/415/02
- Decision date
- 14 October 2002
- Hearing officer
- Mr G Salthouse
- Mark
- STORM
- Classes
- 09
- Applicant
- Joseph Yu
- Opponent
- Sun 99 Limited
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Points Of Interest
Summary
The opposition was based on the opponents’ own registrations of their mark STORM in Classes 9, 25 and 28.
Although the marks were identical the Hearing Officer considered that the differences in the goods were such that no likelihood of confusion would arise.
The opposition under Section 5(2)(b) failed accordingly.
The opponents had failed to provide evidence that it sold shoes or rubber jackets prior to the relevant date and had not shown that it enjoyed goodwill in its marks. The Section 5(4)(a) objection therefore failed also.