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United Kingdom Intellectual Property Office Decisions
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power bat (Trade Mark: Opposition) [2005] UKIntelP o03705 (8 February 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o03705.html
Cite as:
[2005] UKIntelP o3705,
[2005] UKIntelP o03705
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power bat (Trade Mark: Opposition) [2005] UKIntelP o03705 (8 February 2005)
For the whole decision click here: o03705
Trade mark decision
- BL Number
- O/037/05
- Decision date
- 8 February 2005
- Hearing officer
- Mr J MacGillivray
- Mark
- power bat
- Classes
- 32
- Applicant
- Elvis Mustafov
- Opponent
- Bacardi & Company Limited
- Opposition
- Sections 5(2)(b); 5(3) & 5(4)(a)
Result
Section 5(2)(b) - Opposition successful
Section 5(3) - No finding
Section 5(4)(a) - No finding
Points Of Interest
-
1. Comparison of the marks, device of a bat v word and device mark incorporating a bat.
Summary
The opposition was based on a large number of registered marks consisting of or incorporating a device of a bat. For the purposes of his assessment the Hearing Officer selected two 'BAT device solus' registrations, one UK and one Community Trade Mark, as representing the opponent's best case. These were registered in respect of non-alcoholic beverages, ie identical goods. The opponent’s mark was inherently distinctive. There was similarity between the marks. On a global appreciation there was a likelihood of confusion and the Section 5(2)(b) objections succeeded accordingly.
The Hearing Officer did not go on to consider the matter under Sections 5(3) and 5(4)(a).