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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> TURBO -CAT (Trade Mark: Opposition) [2005] UKIntelP o15505 (10 June 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o15505.html
Cite as: [2005] UKIntelP o15505
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TURBO-CAT (Trade Mark: Opposition) [2005] UKIntelP o15505 (10 June 2005)
For the whole decision click here: o15505
Trade mark decision
- BL Number
- O/155/05
- Decision date
- 10 June 2005
- Hearing officer
- Mr M Reynolds
- Mark
- TURBO-CAT
- Classes
- 25
- Applicant
- Rajan Imports Limited
- Opponent
- Registros Internacionales Aplicados, S.L.
- Opposition
- Sections: 5(1); 5(2)(a) & 5(2)(b)
Result
Section 5(2)(b): - Opposition successful.
Section 5(1): - Opposition dismissed.
Section 5(2)(a): - Opposition dismissed.
Points Of Interest
- 1. Identicality of marks.
- 2. Comparison of the marks TURBO v TURBO-CAT.
- 3. Opponent's mark cited at examination stage.
Summary
The opposition was based on the opponent's mark TURBO, registered in the Community in respect of clothing. The opponent had cited Sections 5(1) and 5(2)(a) in the grounds of opposition but as these required the marks to be identical, which they were not, the Hearing Officer quickly dismissed them and turned to a consideration of the matter under Section 5(2)(b). The goods were adjudged to be identical and/or closely similar. The matter therefore turned on an analysis and comparison of the marks.
In the result the Hearing Officer found a likelihood of confusion and he dismissed a suggestion that as the opponent's mark had been cited at the examination stage and subsequently waived by the examiner, he could not now come to a different view without new evidence.