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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> M.O.G. (Trade Mark: Opposition) [2003] UKIntelP o40603 (29 December 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o40603.html
Cite as: [2003] UKIntelP o40603
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M.O.G. (Trade Mark: Opposition) [2003] UKIntelP o40603 (29 December 2003)
For the whole decision click here: o40603
Trade mark decision
- BL Number
- O/406/03
- Decision date
- 29 December 2003
- Hearing officer
- Mr M Reynolds
- Mark
- M.O.G.
- Classes
- 18, 25
- Applicant
- Start-Rite Shoes Ltd
- Opponent
- New Yorker S.H.K. Jeans GmbH
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): - Opposition failed.
Points Of Interest
- 1. None.
Summary
The opponents opposition was based on their ownership of 9 registrations of the mark SMOG in Classes 18 and 25 in respect of identical and similar goods as those of the applicants.
Neither party filed evidence so the only matter to be considered under Section 5(2)(b) was, whether or not the respective marks were similar. While the applicants' marks were filed as a series the Hearing Officer decided that the two marks M.O.G. and MOG were somewhat different. In comparing the M.O.G. mark with the opponents' mark he concluded that it could well be seen as a letter or acronym mark and this made it very different from the opponents' SMOG mark. In comparing MOG and SMOG the Hearing Officer noted that each word had its own meaning; SMOG meaning smoke, fog etc and MOG bring a slang term for a cat. The marks were thus conceptually different and the 'S' of the beginning of the opponents' mark meant that the respective marks were different visually and phonetically. Confusion was, therefore, unlikely and opposition failed.