BAILII
British and Irish Legal Information Institute


Freely Available British and Irish Public Legal Information

[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> E ENERGY ZONE (Trade Mark: Opposition) [2005] UKIntelP o11705 (26 April 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o11705.html
Cite as: [2005] UKIntelP o11705

[New search] [Printable PDF version] [Help]

E ENERGY ZONE (Trade Mark: Opposition) [2005] UKIntelP o11705 (26 April 2005)

For the whole decision click here: o11705

Trade mark decision

BL Number
O/117/05
Decision date
26 April 2005
Hearing officer
Mr J MacGillivray
Mark
E ENERGY ZONE
Classes
25
Applicant
Xiaoqian Yu
Opponent
International Stars SA
Opposition
Section 5(2)(b)

Result

Section 5(2)(b) - Opposition successful

Points Of Interest

  • 1. 'State of the register' evidence.
  • 2. Comparison of the marks ENERGY v ENERGY ZONE & ENERGY TOPDECKS v ENERGY ZONE
  • 3. Sub-brands: descriptive v distinctive (see NEW LOOK Ltd v OHIM)

Summary

The opposition was based on various registrations of marks containing or comprising the word ENERGY, or a stylised letter E, in Class 25. It was agreed, however, that the Hearing Officer’s assessment would be confined to the marks ENERGY and ENERGY TOPDECKS, in Class 25.

The goods were clearly identical or closely similar; the Hearing Officer therefore proceeded to a comparison of the marks.

In the result he concluded that there was a likelihood of confusion and the Section 5(2)(b) opposition succeeded accordingly.


About BAILII - FAQ - Copyright Policy - Disclaimers - Privacy Policy amended on 25/11/2010