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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> THE MARQUE OF SKILL (Trade Mark: Opposition) [2006] UKIntelP o31906 (8 November 2006)
URL: http://www.bailii.org/uk/cases/UKIntelP/2006/o31906.html
Cite as: [2006] UKIntelP o31906
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THE MARQUE OF SKILL (Trade Mark: Opposition) [2006] UKIntelP o31906 (8 November 2006)
For the whole decision click here: o31906
Trade mark decision
- BL Number
- O/319/06
- Decision date
- 8 November 2006
- Hearing officer
- Mr M Reynolds
- Mark
- THE MARQUE OF SKILL
- Classes
- 06, 07, 08, 09, 16, 20, 25, 35, 41
- Applicants
- Trademarque Tools Ltd
- Opponents
- Credo Technology Corporation
- Opposition
- Sections 5(2)(b) & 5(4)(a)
Result
Section 5(2)(b): Opposition failed. Section 5(4)(a): Opposition failed.
Points Of Interest
- Comparison of the marks SKIL v THE MARQUE OF SKILL
Summary
The opposition was based on the opponents’ mark SKIL registered in Classes 7 and 8.
Having compared the respective goods/services the Hearing officer found that the goods specified in Classes 7 and 8 of the applications were identical with or similar to those of the opponents. The remaining goods/services however was not in conflict. The Hearing Officer also doubted that the applicants conducted or needed to protect much of the remainder of their specification. He inferred from the evidence that they had mistakenly specified eg advertising when in fact the advertising intended was only in relation to their own products. This was unnecessary and potentially expensive.
The Hearing Officer went on to find “a low degree of similarity” in the respective marks.
Overall he found no likelihood of confusion and the Section 5(2)(b) opposition failed accordingly.
This effectively decided the matter under Section 5(4)(a) also.