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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> PHLIP (Trade Mark: Inter Partes) [2006] UKIntelP o24706 (31 August 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o24706.html
Cite as: [2006] UKIntelP o24706
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PHLIP (Trade Mark: Inter Partes) [2006] UKIntelP o24706 (31 August 2006)
For the whole decision click here: o24706
Trade mark decision
- BL Number
- O/247/06
- Decision date
- 31 August 2006
- Hearing officer
- Mr G Salthouse
- Mark
- PHLIP
- Classes
- 25
- Applicant
- Philip Clothing Ltd
- Opponent
- Flip Skateboards Inc
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b): Opposition successful. Section 5(4)(a): No formal finding.
Points Of Interest
- Comparison of the marks, FLIP v PHLIP; “These days the average consumer is used to companies using strange and bizarre spellings which nevertheless produce identical phonetic results.”
Summary
The opposition was based on international and CTM registrations of their mark FLIP in Classes 25 and 28. The Class 25 goods were identical and the Hearing Officer therefore proceeded to a comparison of the marks, FLIP and PHLIP, and to an overall assessment. These were obvious visual differences but overall there was a likelihood of confusion and the oppositions under Section 5(2)(b) succeeded accordingly. The Hearing Officer did not go on to consider the matter under Section 5(4)(a).