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United Kingdom Intellectual Property Office Decisions
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BIG SLEEP (Trade Mark: Opposition) [2003] UKIntelP o00703 (7 January 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o00703.html
Cite as:
[2003] UKIntelP o703,
[2003] UKIntelP o00703
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BIG SLEEP (Trade Mark: Opposition) [2003] UKIntelP o00703 (7 January 2003)
For the whole decision click here: o00703
Trade mark decision
- BL Number
- O/007/03
- Decision date
- 7 January 2003
- Hearing officer
- Mrs A Corbett
- Mark
- BIG SLEEP
- Classes
- 42
- Applicants
- Bed Factory Hotels Ltd
- Opponents
- Choice Hotels International Inc
- Opposition
- Sections 3(3)(b); 5(2)(b) & 5(4)(a)
Result
Section 3(3)(b) - Opposition failed
Section 5(2)(b) - Opposition failed
Section 5(4)(a) - Opposition failed
Points Of Interest
-
Comparison of the marks SLEEP INN v BIG SLEEP (& THE BIG SLEEP).
Summary
The opponents were proprietors of the mark SLEEP INN. The Hearing Officer dealt with the matter first under Section 5(2)(b), in which she found that the trade marks were "not sufficiently similar in distinctive features to create a likelihood of confusion, even in respect of identical services". The case under Section 5(4)(a) was no stronger; that ground failed also.
The case under Section 3(3)(b) was merely an alternative way of pursuing the objection under Section 5(4)(a); the more appropriate 'relative ground'.