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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TERRA -PIN THE BODY PIERCERS (Trade Mark: Opposition) [2003] UKIntelP o32303 (23 October 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o32303.html
Cite as: [2003] UKIntelP o32303
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TERRA-PIN THE BODY PIERCERS (Trade Mark: Opposition) [2003] UKIntelP o32303 (23 October 2003)
For the whole decision click here: o32303
Trade mark decision
- BL Number
- O/323/03
- Decision date
- 23 October 2003
- Hearing officer
- Mr D Landau
- Mark
- TERRA-PIN THE BODY PIERCERS
- Classes
- 41, 42
- Applicant
- Joanne Baum
- Opponent
- Terra Networks SA
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b); - opposition failed.
Points Of Interest
- 1. Comparison of the marks TERRA & TERRA & device v TERRA-PIN & device.
Summary
The opposition was based on registrations of various 'TERRA' marks. The Hearing Officer based his considerations on two of three registrations, TERRA and device, and TERRA as those represented the opponents’ best case. Identical services were involved, he found, as were some similar services. The Hearing Officer therefore went on to make a comparison of the marks.
In the case of the opponents' mark TERRA, he found conceptual visual and phonetic dissimilarity. Turning to a comparison of the opponents’ TERRA and device mark, he made the same findings, save that the visual dissimilarity was of course greater. Since the marks were not similar there was no likelihood of confusion. The opposition failed accordingly.