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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> LUK (Trade Mark: Opposition) [2003] UKIntelP o40303 (22 December 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o40303.html
Cite as: [2003] UKIntelP o40303
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LUK (Trade Mark: Opposition) [2003] UKIntelP o40303 (22 December 2003)
For the whole decision click here: o40303
Trade mark decision
- BL Number
- O/403/03
- Decision date
- 22 December 2003
- Hearing officer
- Mr G Salthouse
- Mark
- LUK
- Classes
- 04, 07, 08, 09, 12, 25, 37, 40, 41
- Applicant
- Luk Lamellen und Kupplungsbau GmbH
- Opponent
- Otkrytoe Aktsionernoe Obchtchestvo Neftyanaya Kompaniya "Lukoil"
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b) - Opposition successful; Class 37 refused; classes 4 & 7 withdrawn.
Points Of Interest
- 1. Honest concurrent use.
Summary
The opposition was based on registrations of the marks LUKOIL and LUK. The opposition was directed only at the goods/services in Classes 4, 7 and 37. At the hearing the applicant withdrew Classes 4 and 7. Opposition to the Class 37 specification therefore, was the only matter left to be decided.
The applicant also sought protection by the terms of Section 7(1)a), which, after consideration, the Hearing Officer could not agree to. Having reviewed all the circumstances and having found the marks and the Class 37 services to be similar, the Hearing Officer found a likelihood of confusion. The opposition to the Class 37 specification succeeded accordingly.