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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> 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.


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