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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> KRE (Trade Mark: Inter Partes) [2004] UKIntelP o27804 (15 September 2004)
URL: http://www.bailii.org/uk/cases/UKIntelP/2004/o27804.html
Cite as: [2004] UKIntelP o27804
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KÖRE (Trade Mark: Inter Partes) [2004] UKIntelP o27804 (15 September 2004)
For the whole decision click here: o27804
Trade mark decision
- BL Number
- O/278/04
- Decision date
- 15 September 2004
- Hearing officer
- Mr M Foley
- Mark
- KÖRE
- Classes
- 25, 35
- Applicants
- Harjeet Singh Johal
- Opponent
- Miles Kors LLC
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b)
Points Of Interest
- Comparison of the marks: KORET, KORY, KORO & KORN v KÖRE; "some resemblance" but not the same or similar.
Summary
This was a decision supplementary to that set out under BL O/247/04. It had been brought to the attention of theHearing Officer that his earlier finding under Sections 5(2)(b) had dealt onlywith the alleged clash with the opponents’ earlier mark KORS. It had not examined the matter in the lightof four other marks cited by the opponents, namely, KORET, in Class 25; KORY inClass 25, KORO (stylised) in Class 25 and KORN a device in Classes 9, 16, 25& 41.
Addressing the matter of these other marks theHearing Officer noted that they covered goods identical with or similar tothose specified in the application. Nevertheless, having considered them the Hearing Officer found thatwhilst they bore "some resemblance" to the mark applied for they were neitherthe same nor similar to it. He found nolikelihood of confusion and the opposition under Section 5(2)(b) based on thesemarks failed also.