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United Kingdom Intellectual Property Office Decisions
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Geometric device TAKATA (Trade Mark: Opposition) [2007] UKIntelP o26707 (13 September 2007)
URL: http://www.bailii.org/uk/cases/UKIntelP/2007/o26707.html
Cite as:
[2007] UKIntelP o26707
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Geometric device TAKATA (Trade Mark: Opposition) [2007] UKIntelP o26707 (13 September 2007)
For the whole decision click here: o26707
Trade mark decision
- BL Number
- O/267/07
- Decision date
- 13 September 2007
- Hearing officer
- Mr G Salthouse
- Mark
- Geometric device TAKATA
- Classes
- 12
- Applicants
- Takata Kabushiki Kaisha (also t/a Takata Corporation)
- Opponents
- Tata Motors Limited
- Opposition
- Section 5(2)(b)
Result
Section 5(2)(b): Opposition failed.
Points Of Interest
Summary
The opponent referred to four registrations in its opposition but two of the marks required “proof of use” and as this was not provided the two marks in question could not be taken into account. The other two marks were TATA INDICA and TATA SAFARI registered in Class 12 in respect of identical and similar goods as those of the applicant. Under Section 5(2)(b) the Hearing Officer had only to compare the respective marks and he had little difficulty in deciding that they were not confusingly similar and that the opposition failed.