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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MEMORY STICK (Trade Mark: Opposition) [2003] UKIntelP o40203 (19 December 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o40203.html
Cite as: [2003] UKIntelP o40203
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MEMORY STICK (Trade Mark: Opposition) [2003] UKIntelP o40203 (19 December 2003)
For the whole decision click here: o40203
Trade mark decision
- BL Number
- O/402/03
- Decision date
- 19 December 2003
- Hearing officer
- Mr J MacGillivray
- Mark
- MEMORY STICK
- Classes
- 09
- Applicant
- Sony Kabushiki Kaisha
- Opponent
- Ravensburger Aktiengesellschaft
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): - Opposition failed.
Points Of Interest
- 1. None
Summary
The opponent's opposition was based on earlier registrations inClasses 9 and 28 of the mark MEMORY in respect of identical and similar goodsas those of the applicant.
In comparing the respective marks under Section 5(2)(b) the Hearing Officer observed that the opponent's mark consists of a descriptive word which must have a low level of distinctive capacity. In any case the respective marks were different visually, phonetically and conceptually and he did not think, therefore, that they were confusingly similar. Opposition thus failed.