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United Kingdom Intellectual Property Office Decisions
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ENERGYSHOP (Trade Mark: Opposition) [2007] UKIntelP o22707 (13 August 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o22707.html
Cite as:
[2007] UKIntelP o22707
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ENERGYSHOP (Trade Mark: Opposition) [2007] UKIntelP o22707 (13 August 2007)
For the whole decision click here: o22707
Trade mark decision
- BL Number
- O/227/07
- Decision date
- 13 August 2007
- Hearing officer
- Mr M Foley
- Mark
- ENERGYSHOP
- Classes
- 01, 04, 35, 36, 38, 39
- Applicants
- Energy Services Online Limited
- Opponents
- M3 & W Inc
- Opposition
- Section 5(2)(b) (Section 6(1)(c))
Result
Section 5(2)(b): Opposition failed.
Points Of Interest
-
Section 6(1)(c); well-known marks.
Summary
The opposition was based on two Canadian registrations, ENERGYSHOP and ENERGYSHOP.com. The Hearing Officer therefore had to assess the claim that these were ‘well-known’ marks in the terms of the Paris Convention or the WTO agreement concerning such marks. The evidence however failed to support such a claim and the opposition failed.