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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> THE POWER STATION (Trade Mark: Invalidity) [2005] UKIntelP o20705 (22 July 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o20705.html
Cite as: [2005] UKIntelP o20705
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THE POWER STATION (Trade Mark: Invalidity) [2005] UKIntelP o20705 (22 July 2005)
For the whole decision click here: o20705
Trade mark decision
- BL Number
- O/207/05
- Decision date
- 22 July 2005
- Hearing officer
- Mr J MacGillivray
- Mark
- THE POWER STATION
- Classes
- 35, 36, 39, 41, 42
- Registered Proprietor
- Quorn Travel Services Limited
- Applicants for a declaration of invalidity
- Parkview International London Plc
- Application for Invalidation
- Section 47(2)(a) (citing Section 5(2)(b))
Result
Application for invalidation: - Section 47(2)(a) (citing Section 5(2)(b)): Failed.
Points Of Interest
- 1. Qualifying effect of geographic or locational elements in marks.
Summary
The applicant claimed that the mark should not have been registered in the face of their registration THE POWER STATION AT BATTERSEA and THE POWER STATION @ BATTERSEA (series of two marks) in classes 25, 35, 39, 41, 42, 43 and 45.
The Hearing Officer found some similarity in the case of some of the services and no similarity or slight similarity in others. The matter was decided however on the basis of the marks which the Hearing Officer found to be not similar due to the qualifying effect of the word BATTERSEA; greater even in its effect than the word PLACE had been in the CARDINAL PLACE decision (BLO/339/04) q.v. Without similarity in the marks the objection under Section 5(2)(b) could not succeed; but even if wrong on the question of similarity the Hearing Officer found no likelihood of confusion, on a 'global appreciation'.