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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> SITENETDESK (Trade Mark: Opposition) [2003] UKIntelP o40503 (22 December 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o40503.html
Cite as: [2003] UKIntelP o40503
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SITENETDESK (Trade Mark: Opposition) [2003] UKIntelP o40503 (22 December 2003)
For the whole decision click here: o40503
Trade mark decision
- BL Number
- O/405/03
- Decision date
- 22 December 2003
- Hearing officer
- Mr M Foley
- Mark
- SITENETDESK
- Classes
- 09
- Applicant
- Sitehelpdesk.com Limited
- Opponent
- Netdesk Corporation
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b) - Opposition successful.
Points Of Interest
- 1. 'State of the register' evidence.
- 2. Comparison of the marks NETDESK v SITENETDESK
Summary
The opposition was based on the community trade mark registration 'NETDESK'.
The applicants drew attention to a registration of the mark NETDESK in the ownership of a third party and pre-dating the opponents' registration. They submitted that the opponents’ mark was therefore not validly registered.
The Hearing Officer, however, noted that Article 95(1) of the Council Regulation (EC) No 40/94 of 20 December 1993 required him to treat a community trade mark as validly registered unless attacked by a claim for revocation or a declaration of invalidity. In any case, the applicants' point was no more than ‘state of the register’ evidence.
Having disposed of that aspect the Hearing Officer went on to find a likelihood of confusion and the opposition succeeded accordingly.