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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MAXPOWER.CO.UK (Trade Mark: Opposition) [2003] UKIntelP o01303 (13 January 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o01303.html
Cite as: [2003] UKIntelP o1303, [2003] UKIntelP o01303
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MAXPOWER.CO.UK (Trade Mark: Opposition) [2003] UKIntelP o01303 (13 January 2003)
For the whole decision click here: o01303
Trade mark decision
- BL Number
- O/013/03
- Decision date
- 13 January 2003
- Hearing officer
- Mr J MacGillivray
- Mark
- MAXPOWER.CO.UK
- Classes
- 09, 16, 35, 38, 41
- Applicant
- EMAP Consumer Media Limited
- Opponent
- RCS Periodici S.p.A.
- Opposition
- Sections 5(2)(b); 5(3) & 5(4)(a)
Result
Section 5(2)(b) - Opposition failed
Section 5(3) - Opposition failed
Section 5(4)(a) - Opposition failed
Points Of Interest
- Comparison of the marks MAX v MAXPOWER.CO.UK.
Summary
This was one of two related cases; see also BL O/014/03. The opposition was based on the opponents’ use and registration (in Class 16) of the mark MAX.
Under Section 5(2)(b), the Hearing Officer considered that the possibility of confusion was sufficiently remote as to not amount to a likelihood.
The evidence of reputation did not support a case under Section 5(3).
Under Section 5(4)(a) the Hearing Officer considered that his findings under Section 5(2)(b) prevented a finding of misrepresentation and the evidence of reputation and goodwill was too weak. That ground failed accordingly.