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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> AHEAD (Trade Mark: Opposition) [2003] UKIntelP o00103 (3 January 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o00103.html
Cite as: [2003] UKIntelP o00103, [2003] UKIntelP o103
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AHEAD (Trade Mark: Opposition) [2003] UKIntelP o00103 (3 January 2003)
For the whole decision click here: o00103
Trade mark decision
- BL Number
- O/001/03
- Decision date
- 3 January 2003
- Hearing officer
- Mr M Reynolds
- Mark
- AHEAD
- Classes
- 25
- Applicants
- Ahead Headgear Inc
- Opponents
- Head Sport AG
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b) - Opposition failed
Section 5(4)(a) - Opposition failed
Points Of Interest
- Comparison of the marks HEAD v AHEAD (stylised).
Summary
The opposition was based on the opponents' use and registration of their mark HEAD, in Class 25.
Under Section 5(2)(b) the Hearing having taken account of all relevant factors found no likelihood of confusion.
The opposition failed under Section 5(4)(a) also, as the Hearing Officer found it difficult to accept that the evidence advanced the opponents' case beyond that already considered under Section 5(2)(b).