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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> realtors UK (Trade Mark: Opposition) [2005] UKIntelP o13305 (11 May 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o13305.html
Cite as: [2005] UKIntelP o13305
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realtors UK (Trade Mark: Opposition) [2005] UKIntelP o13305 (11 May 2005)
For the whole decision click here: o13305
Trade mark decision
- BL Number
- O/133/05
- Decision date
- 11 May 2005
- Hearing officer
- Mr M Reynolds
- Mark
- realtors UK
- Classes
- 36, 42
- Applicant
- Realtors UK Limited
- Opponent
- National Association of Realtors
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): - Opposition successful.
Points Of Interest
- 1. Distinctive character of the marks REALTOR(S)
- 2. Comparison of the marks REALTOR v realtors UK
Summary
The opposition was based on CTMs (one registration one application) of the marks REALTOR with a large stylised letter R, and REALTOR solus, in Classes 9, 16, 35, 36, 41 & 42.
The Hearing Officer noted that identical and/or closely similar services were involved, and he went on to give detailed consideration to the question of the distinctive character of the respective marks, at the end of which he found the evidence “to be inconclusive in establishing either that REALTOR(S) is recognised as a trade mark in this country or that it would be understood to be a generic term meaning estate agent”. He also rejected the contention that it was reasonably foreseeable that the word will come into regular use in the future.
Having compared the marks he concluded that there was a likelihood of confusion.
The opposition under Section 5(2)(b) succeeded accordingly