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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> SILVER SEVEN (Trade Mark: Opposition) [2007] UKIntelP o15607 (4 June 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o15607.html
Cite as: [2007] UKIntelP o15607
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SILVER SEVEN (Trade Mark: Opposition) [2007] UKIntelP o15607 (4 June 2007)
For the whole decision click here: o15607
Trade mark decision
- BL Number
- O/156/07
- Decision date
- 4 June 2007
- Hearing officer
- Mr G Salthouse
- Mark
- SILVER SEVEN
- Classes
- 25
- Applicant
- M.A.Y. Trading Ltd
- Opponent
- Seven S.P.A.
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): Opposition successful.
Points Of Interest
- Proof of use provisions not relevant in these opposition proceedings.
Summary
The opponent owns three registrations for the mark SEVEN in somewhat stylised format or set in a device background, all in respect of a range of goods in Class 25 and such goods are identical to the goods of the applicant.
In its evidence the applicant claimed that a large number of marks on the Trade Marks Register in respect of articles of clothing contain the word SEVEN and that, in any event, the mark SEVEN is not distinctive in that it is used as a size guide for items of clothing such as hats, gloves and belts.
The opponent in its evidence pointed out that for many items of clothing other words and numerals are used to indicate size.
As identical goods are at issue the Hearing Officer had only to compare the respective marks under Section 5(2)(b). In this comparison the Hearing Officer concluded that the similarities outweighed the differences and there was the possibility of the public viewing the word SILVER in the applicant’s mark as a colour. Opponent thus successful under Section 5(2)(b).