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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MARVIN (Trade Mark: Opposition) [2007] UKIntelP o10107 (5 April 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o10107.html
Cite as: [2007] UKIntelP o10107
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MARVIN (Trade Mark: Opposition) [2007] UKIntelP o10107 (5 April 2007)
For the whole decision click here: o10107
Trade mark decision
- BL Number
- O/101/07
- Decision date
- 5 April 2007
- Hearing officer
- Mr M Foley
- Mark
- MARVIN
- Classes
- 03, 16, 18, 20, 21, 24, 25, 28, 29, 30, 32
- Applicants
- Hip Designs Limited
- Opponents
- J C AB
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): Opposition successful in respect of Classes 18, 25 & 28.
Points Of Interest
- Comparison of the marks MARWIN v MARVIN
Summary
The opposition was based on the opponents’ CTM MARWIN, registered in Classes 18, 25 and 28. The Hearing Officer found the respective marks to be similar in appearance and sound, if not in idea. Overall, however he found them similar, (and he was not persuaded by any of the various submissions made concerning a possible ‘German’ pronunciation).
Going on to a comparison of the respective specifications he found a likelihood of confusion in Classes 18, 25 and 28 and the opposition succeeded in respect of those goods.