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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> ECOBLOCK (Trade Mark: Opposition) [2005] UKIntelP o22105 (3 August 2005)
URL: http://www.bailii.org/uk/cases/UKIntelP/2005/o22105.html
Cite as: [2005] UKIntelP o22105
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ECOBLOCK (Trade Mark: Opposition) [2005] UKIntelP o22105 (3 August 2005)
For the whole decision click here: o22105
Trade mark decision
- BL Number
- O/221/05
- Decision date
- 3 August 2005
- Hearing officer
- Mr M Foley
- Mark
- ECOBLOCK
- Classes
- 19
- Applicant
- Aggregate Industries UK Limited
- Opponent
- Cooper Clark Group Limited
- Opposition
- Section 5(4)(a)
Result
Section 5(4)(a): - Successful.
Points Of Interest
- 1. None
Summary
The opponents claimed to have used the mark ECOBLOCK since 1997 on soil and grass protective systems which combined the advantages of hard-standing and load bearing pavements with the aesthetic benefits of a grassed area.
Reviewing the evidence the Hearing Officer noted that in a sector which both sides accepted had a large number of players the opponents were second in size, with an 18% share of the market and had customers all over the country. He had no hesitation in concluding that they had accrued a reputation and goodwill amongst the relevant public. Given that the marks were identical and the goods similar, the opposition under Section 5(4)(a) succeeded.