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United Kingdom Intellectual Property Office Decisions
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MCKENSEY GOLF - AND FREEWARE (Trade Mark: Opposition) [2003] UKIntelP o35303 (17 November 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o35303.html
Cite as:
[2003] UKIntelP o35303
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MCKENSEY GOLF - AND FREEWARE (Trade Mark: Opposition) [2003] UKIntelP o35303 (17 November 2003)
For the whole decision click here: o35303
Trade mark decision
- BL Number
- O/353/03
- Decision date
- 17 November 2003
- Hearing officer
- Mr M Reynolds
- Mark
- MCKENSEY GOLF - AND FREEWARE
- Classes
- 29, 30, 32
- Applicant
- C.I.T. Comercio Internacional Textil LDA
- Opponent
- Intersport International Corporation GmbH
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b): - Opposition failed.
Section 5(4)(a): - Opposition failed.
Points Of Interest
-
1. Surnames; BULER trade mark [1966] RPC 141 still relevant.
Summary
This opposition to a request for protection of an international registration was based on the mark McKINLEY itself an international registration protected in the UK.
The goods were identical. Having compared the marks however, and after taking account of other relevant factors the Hearing Officer found no likelihood of confusion. The opposition under Section 5(2)(b) failed accordingly.
The Hearing Officer did not give full and separate consideration to the Section 5(4)(a) objection, beyond remarking that he could see no basis on which the opponents would succeed, having failed under Section 5(2)(b).
