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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> MEGZ (stylised) device (Trade Mark: Opposition) [2007] UKIntelP o23707 (20 August 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o23707.html
Cite as: [2007] UKIntelP o23707
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MEGZ (stylised) device (Trade Mark: Opposition) [2007] UKIntelP o23707 (20 August 2007)
For the whole decision click here: o23707
Trade mark decision
- BL Number
- O/237/07
- Decision date
- 20 August 2007
- Hearing officer
- Mr M Reynolds
- Mark
- MEGZ (stylised) & device
- Classes
- 16, 28, 41
- Applicants
- Nutmeg Football Limited
- Opponents
- Asia Pacific Ltd
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): Opposition failed.
Points Of Interest
- Comparison of the goods; sports clothing in Class 25 v gymnastic equipment and sporting apparatus in Class 28.
Summary
The opposition was based on the opponents’ mark MEGS, registered in Class 25. The Hearing Officer found a “reasonably high degree of similarity” in the marks and turned to a comparison of the goods and services. No written submissions had been made in support of the alleged similarity. The Hearing Officer could find no obvious basis for finding functional or aesthetic complementarity between the Class 16 and 25 goods. They were dissimilar. If there was any similarity between the Class 25 and 28 goods it would be “at a very low level”. In the result the Hearing Officer found no likelihood of confusion.