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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> CONJUNGO Supplier -Buyer-Enabling (Trade Mark: Opposition) [2007] UKIntelP o02307 (17 January 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o02307.html
Cite as: [2007] UKIntelP o02307, [2007] UKIntelP o2307
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CONJUNGO Supplier-Buyer-Enabling (Trade Mark: Opposition) [2007] UKIntelP o02307 (17 January 2007)
For the whole decision click here: o02307
Trade mark decision
- BL Number
- O/023/07
- Decision date
- 17 January 2007
- Hearing officer
- Mr O Morris
- Mark
- CONJUNGO Supplier-Buyer-Enabling
- Classes
- 35
- Applicants
- Conjungo
- Opponents
- Conchango (UK) Plc
- 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 CONCHANGO v CONJUNGO
Summary
The opposition was based on the opponents’ mark CONCHANGO, registered in Classes 9, 35, 38, 41 & 42.
Overall, the Hearing Officer found the mark to be similar “to a reasonable degree”.
The services also were “reasonably similar”.
Both marks were highly distinctive.
These findings led the Hearing Officer to the conclusion that there was a likelihood of confusion and the opposition under Section 5(2)(b) succeeded accordingly.
The opponents could be in no better a position in relation to Section 5(4)(a) and the Hearing Officer therefore made no formal finding under that head.