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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> SONIC (Trade Mark: Invalidity) [2003] UKIntelP o27503 (11 September 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o27503.html
Cite as: [2003] UKIntelP o27503
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SONIC (Trade Mark: Invalidity) [2003] UKIntelP o27503 (11 September 2003)
For the whole decision click here: o27503
Trade mark decision
- BL Number
- O/275/03
- Decision date
- 11 September 2003
- Hearing officer
- Mr J MacGillivray
- Mark
- SONIC
- Classes
- 09
- Registered Proprietor
- Sega SA
- Applicants for a declaration of Invalidity
- Sega Corporation
- Application for Invalidation
- Sections 47(2)(a) (Section 5(2)(b) & 47(2)(b); Section 5(4)(a))
Result
Application for invalidation Section 47(2)(a), citing Section 5(2)(b), successful.
Points Of Interest
- 1. Acquiescence, Section 48(1).
Summary
The applicant was proprietor of the marks ‘SEGASONIC’ & ‘SONIC the hedgehog’ etc. The registered proprietor denied the grounds and added that the applicant had known of and acquiesced in the proprietor’s use of his mark for five years and thus had lost their right to object under Section 48(1)(a).
Having compared the marks and the goods and having applied the relevant tests, the Hearing Officer concluded that there existed a likelihood of confusion. There was no evidence to show acquiescence, or evidence from which acquiescence could reasonably be inferred. The application citing Section 5(2)(b) succeeded accordingly.
The Hearing Officer made no finding under Section 5(4)(a).