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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
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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.