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United Kingdom Intellectual Property Office Decisions
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BY STORM (Trade Mark: Inter Partes) [2004] UKIntelP o27104 (3 September 2004)
URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o27104.html
Cite as:
[2004] UKIntelP o27104
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BY STORM (Trade Mark: Inter Partes) [2004] UKIntelP o27104 (3 September 2004)
For the whole decision click here: o27104
Trade mark decision
- BL Number
- O/271/04
- Decision date
- 3 September 2004
- Hearing officer
- Mr M Reynolds
- Mark
- BY STORM
- Classes
- 25, 40, 42
- Applicant
- Joyce Young
- Opponent
- Sun 99 Ltd
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): - Opposition successful.
Points Of Interest
-
1. Comparison of the marks STORM v BY STORM
-
2. State of the Register evidence
-
3. Honest concurrent use
Summary
The opposition was based on a number of registrations of the mark STORM, both plain and stylised, with and without a device, in Classes 9, 14, 18, 20, 25 and 42. There was no evidence of use of the opponents’ marks; accordingly the Hearing Officer considered only their inherent merits.
Comparing the marks, the Hearing Officer found them to be highly similar both visually and orally. A detailed comparison of the goods/services, together with a consideration of other factors including that of honest concurrent use, resulted in a finding that there was a likelihood of confusion.
The opposition under Section 5(2)(b) succeeded accordingly.