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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TOTTENHAM (Trade Mark: Opposition) [2003] UKIntelP o19203 (2 July 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o19203.html
Cite as: [2003] UKIntelP o19203
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TOTTENHAM (Trade Mark: Opposition) [2003] UKIntelP o19203 (2 July 2003)
For the whole decision click here: o19203
Trade mark decision
- BL Number
- O/192/03
- Decision date
- 2 July 2003
- Hearing officer
- Mr D Landau
- Mark
- TOTTENHAM
- Classes
- 06, 24, 25
- Applicant
- Patricia Hard O’Connell & Michael O’Connell
- Opponent
- Tottenham Hotspur Plc
- Opposition
- Sections 5(1) & 5(2)(a)
Result
Section 5(1): - Opposition succeeded.
Section 5(2)(a): - Opposition succeeded.
Points Of Interest
- None
Summary
The opponents opposition was based on their ownership of a registration of the mark TOTTENHAM in Classes 6, 24 and 25 in respect of identical and very similar goods to those of the applicant.
The applicants had proceeded with their mark to advertisement on the basis of “honest concurrent use” but the provisions of Section 5(1) are mandatory once the owners of the relevant registration enter opposition. Thus the opponents succeeded in their opposition on this ground.
In certain circumstances “honest concurrent use” may assist applicants but in this case the Hearing Officer noted, with regard to Section 5(2)(a), that the respective marks were identical and the goods at issue were very similar. He, therefore, believed confusion was inevitable and that the opponents must also succeed on this ground.