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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> T.CO (Trade Mark: Opposition) [2002] UKIntelP o43502 (25 October 2002)
URL: http://www.bailii.org/uk/cases/UKIntelP/2002/o43502.html
Cite as: [2002] UKIntelP o43502
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T.CO (Trade Mark: Opposition) [2002] UKIntelP o43502 (25 October 2002)
For the whole decision click here: o43502
Trade mark decision
- BL Number
- O/435/02
- Decision date
- 25 October 2002
- Hearing officer
- Mr J MacGillivray
- Mark
- T.CO
- Classes
- 16, 25, 41, 42
- Applicant
- Bourne Leisure Limited
- Opponent
- Deutsche Telekom AG
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b) - Opposition failed.
Points Of Interest
- None
Summary
The opposition was based on various registrations of marks comprising the letter T and a device of squares.
The Hearing Officer did not consider that the evidence justified any claim to enhanced distinctiveness by reason of reputation, neither did he accept the opponents claim to a family of marks. Also, he rejected the applicants submissions relating to the state of the register.
Comparing the goods, the Hearing Officer found that same and similar goods were involved. Comparing the marks however he found differences such that no likelihood of confusion would arise. The opposition failed accordingly.