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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> COCO DE MER (Trade Mark: Opposition) [2003] UKIntelP o23703 (19 August 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o23703.html
Cite as: [2003] UKIntelP o23703
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COCO DE MER (Trade Mark: Opposition) [2003] UKIntelP o23703 (19 August 2003)
For the whole decision click here: o23703
Trade mark decision
- BL Number
- O/237/03
- Decision date
- 19 August 2003
- Hearing officer
- Mr M Reynolds
- Mark
- COCO DE MER
- Classes
- 03, 04, 05, 10, 11, 14, 16, 18, 20, 22, 24, 25, 28, 29, 30, 32, 35
- Applicant
- Coco de Mer Limited
- Opponent
- Chanel Limited
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b) - Opposition successful.
Section 5(4)(a) - No formal finding.
Points Of Interest
- 1. Comparison of the marks COCO v COCO DE MER & device.
Summary
The opposition (to the applications in Classes 3, 14, 18 and 25) was based on the opponents’ registrations and use of the mark COCO.
The goods in the classes specified by the opponents were identical; the issue therefore came down to a comparison of the marks and an assessment of the likelihood of confusion.
These assessments having been made, the Hearing Officer owned that it was not an easy matter to decide, since there was scope for more than one view of the mark applied for. In the result, however, he found a likelihood of confusion, and the opposition under Section 5(2)(b) succeeded accordingly.
The Hearing Officer made no formal finding under Section 5(4)(a).