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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> KEANO (Trade Mark: Opposition) [2003] UKIntelP o31503 (17 October 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o31503.html
Cite as: [2003] UKIntelP o31503
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KEANO (Trade Mark: Opposition) [2003] UKIntelP o31503 (17 October 2003)
For the whole decision click here: o31503
Trade mark decision
- BL Number
- O/315/03
- Decision date
- 17 October 2003
- Hearing officer
- Mr M Reynolds
- Mark
- KEANO
- Classes
- 06, 16, 25, 28
- Applicant
- Manchester United Plc
- Opponent
- Surinder Paul Singh Bhaura t/a Esprio Knitting Co
- Opposition
- Sections 5(2)(b) & 5(4)(a)* *(an objection under Section 5(3) was withdrawn at a late stage in the proceedings)
Result
Section 5(2)(b) - Opposition partially successful.
Section 5(4)(a) - No formal finding.
Points Of Interest
- 1. Comparison of the marks KEENO v KEANO.
- 2. Costs in proceedings before the Registrar.
Summary
The opposition was based on the opponent’s registration of KEENO in Class 25.
After a careful analysis of the matter the Hearing Officer found a likelihood of confusion in respect of some of the goods in Class 25. The opposition under Section 5(2)(b) succeeded in respect of the goods and failed in respect of the remainder of the goods specified.
The Hearing Officer went on to consider the matter of costs in view of the wide nature of the attack, its modification at a late stage and its fairly narrow success. In the event he awarded costs to neither side.
He did not give detailed consideration to the matter under Section 5(4)(a).