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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ROLCRAFT (Trade Mark: Opposition) [2005] UKIntelP o15905 (15 June 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o15905.html
Cite as: [2005] UKIntelP o15905
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ROLCRAFT (Trade Mark: Opposition) [2005] UKIntelP o15905 (15 June 2005)
For the whole decision click here: o15905
Trade mark decision
- BL Number
- O/159/05
- Decision date
- 15 June 2005
- Hearing officer
- Mr M Foley
- Mark
- ROLCRAFT
- Classes
- 07, 08
- Applicant
- Rolson Tools Limited
- Opponent
- Rodcraft Pneumatic Tools GmbH & Co, KG
- Opposition
- Sections:- 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b): - Opposition successful.
Section 5(4)(a): - Opposition successful.
Points Of Interest
- 1. Comparison of the marks RODCRAFT v ROLCRAFT.
Summary
The opposition was based on the opponent's marks RODCRAFT. The Hearing Officer found the respective marks to be visually, orally and conceptually similar. After a comparison of the goods and on a global appreciation the Hearing Officer found a likelihood of confusion. The opposition under Section 5(2)(b) succeeded accordingly. Since that finding effectively decided the matter, the Hearing Officer only briefly considered the matter under Section 5(4)(a), but in this, too, he found the opponent successful.