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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Mr and Mrs House (Trade Mark: Opposition) [2005] UKIntelP o09305 (8 April 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o09305.html
Cite as: [2005] UKIntelP o9305, [2005] UKIntelP o09305
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Mr and Mrs House (Trade Mark: Opposition) [2005] UKIntelP o09305 (8 April 2005)
For the whole decision click here: o09305
Trade mark decision
- BL Number
- O/093/05
- Decision date
- 8 April 2005
- Hearing officer
- Mrs A Corbett
- Mark
- Mr and Mrs House
- Classes
- 08, 14, 16, 18, 20, 21, 24, 25, 27
- Applicant
- Robert G Green
- Opponents
- Upstarts Ltd & Derek Batey Enterprises Ltd, jointly.
- Opposition
- Sections 5(2)(b); 5(3) & 5(4)(a)
Result
Section 5(2)(b): - Opposition failed.
Section 5(3): - Opposition failed.
Section 5(4)(a): - Opposition failed.
Points Of Interest
- 1. Comparison of the marks MR AND MRS v MR & MRS HOUSE & device : some similarity but significant differences.
Summary
The opposition was based on the marks MR. AND MRS. (in various formats) registered in respect of a television programme of the same name, and various goods (including a board game), off-shoots related to the programme.
The Sections 5(3) and 5(4)(a) grounds were quickly dismissed as the evidence of use provided was insufficient for the purpose.
Turning to the opposition based on Section 5(2)(b) the Hearing Officer found some of the goods to be identical. Having compared the marks, however, the Hearing Officer found that whilst there was some similarity in them, in that both contained the words MR AND MRS, there were significant differences. In the result she found no likelihood of confusion and the opposition consequently failed on all grounds.