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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> INSTANT REPLAY (Trade Mark: Inter Partes) [2006] UKIntelP o27606 (26 September 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o27606.html
Cite as: [2006] UKIntelP o27606
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INSTANT REPLAY (Trade Mark: Inter Partes) [2006] UKIntelP o27606 (26 September 2006)
For the whole decision click here: o27606
Trade mark decision
- BL Number
- O/276/06
- Decision date
- 26 September 2006
- Hearing officer
- Mr D Landau
- Mark
- INSTANT REPLAY
- Classes
- 09, 16
- Applicant
- Wheels in Motion (Innovations) Limited
- Opponent
- Fashion Box SpA
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): Opposition partially successful.
Points Of Interest
- See also BL O/274/06
Summary
The opponent owns the mark REPLAY registered in a range of Classes including Classes 9 and 16. It also filed evidence of use of its mark, mainly in relation to clothing for men and accessories therefore such as belts, but use was also claimed in relation to eyewear products, cosmetics, soaps etc.
Under Section 5(2)(b) the Hearing Officer compared the respective specifications and decided that the respective goods were not similar other than in class 16 which required detailed consideration. Having compared the respective goods carefully the Hearing Officer decided that “greeting cards and collectible cards” included in the applicant’s specification were similar to goods included in the Class 16 registration of the opponent.
As regards the respective marks REPLAY and INSTANT REPLAY (stylised) the Hearing Officer noted that the marks were different visually and aurally. However, they were very similar conceptually and the Hearing Officer concluded that overall the respective marks were similar. He went on to find the opposition successful in respect of “greeting cards and collectible cards”.